Recent row won’t affect system of foreign judges sitting in top Hong Kong court, John Lee says

Commissioner of foreign ministry’s office in Hong Kong also throws his weight behind current system

Hong Kong courts

Harvey Kong

Published: 4:47pm, 18 Jun 2024

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Hong Kong will maintain its system of having overseas non-permanent judges sitting in its top court despite a row involving an outgoing British justice, the chief executive has said, with the Chinese foreign ministry’s arm in the city throwing its weight behind his remarks.

Hong Kong leader John Lee Ka-chiu also said on Tuesday the remaining overseas non-permanent judges on the Court of Final Appeal all had confidence in the rule of law in the city.

“About overseas judges taking part in the adjudication of cases in the Court of Final Appeal, this system will not change,” he said. “Our rule of law system will not be affected by one judge’s personal position.”

Lee, who did not name British judge Jonathan Sumption, was asked by a reporter whether the government had reached out to express its dissatisfaction over his criticism of the judiciary and the national security law.

Chief Executive John Lee takes questions on Tuesday. Photo: Yik Yeung-man

Cui Jianchun, commissioner of the foreign ministry’s office in Hong Kong, also gave his backing for the system to continue.

“If this system develops with the times and can demonstrate the charm of Hong Kong, I think, why shouldn’t we maintain it?” Cui said.

“Unless there is a day where we say this system is not compatible with our ‘one country, two systems’, it would not be too late to change the system at that time.”

Various Beijing offices have in the past week taken aim at Sumption, who resigned as an overseas non-permanent judge of the top court in early June and said Hong Kong was “slowly becoming a totalitarian state”.

The central government’s liaison office in Hong Kong accused Sumption of “slandering” the city’s rule of law and “blatantly violating” the practice of not commenting on ongoing proceedings.

03:36

What’s behind the resignations of Hong Kong’s foreign judges?

Sumption, 75, wrote an opinion piece in the Financial Times that the rule of law had been “profoundly compromised” and judges in Hong Kong had to “operate in an impossible political environment created by China”.

He also described a recent ruling by the High Court to convict 14 of 16 opposition figures in a landmark subversion case as “legally indefensible”.

The opinion piece and Sumption’s subsequent remarks in media interviews drew condemnation from legislators, government officials and Beijing.

Lee, in his original response to Sumption’s opinion piece, noted judges’ expertise lay in the law not politics, and that Hong Kong courts heard cases without interference.

The Hong Kong and Macau Affairs Office, which wrote two commentaries under the pen name “Gang Ao Ping” called Sumption a “disgrace to the legal profession” for “utterly abandoning professionalism and ethics” in a piece on June 13

It posted another commentary under the same name on June 14, which said “the sound of buzzing flies cannot disrupt people’s firm confidence in Hong Kong’s rule of law”.

Beijing has condemned Jonathan Sumption, who recently quit Hong Kong’s top court. Photo: Handout

Lee also said on Tuesday that the remaining overseas non-permanent justices on the top court had expressed confidence in the rule of law and the ability of judges to hear cases professionally and without intervention.

“I believe these voices are very loud and everyone will be able to hear them,” he said.

British judge Lawrence Collins, 83, also announced his resignation from the top court earlier this month, citing the “political situation” in Hong Kong as the reason for his departure.

Another Court of Final Appeal judge, Canadian Beverley McLachlin, 80, announced subsequently that she would retire once her term ended this summer, saying she intended to spend more time with her family.

Her departure will leave seven overseas non-permanent judges sitting on the city’s top bench.