All must keep faith in Hong Kong’s rule of law and ‘one country, two systems’
- There is need to strengthen Hong Kong’s pool of foreign judges after two Britons and a Canadian announce resignations, sparking renewed legal debate
Foreign judges have, since Hong Kong’s return to China in 1997, played a valuable role in supporting the city’s rule of law by sitting on the Court of Final Appeal. When these legal heavyweights withdraw it is always a matter of regret.
Sadly, three have announced their departure in recent days. The resignation of two British judges has sparked renewed debate about Hong Kong’s rule of law.
Lawrence Collins cited the city’s political environment. Jonathan Sumption went further. He warned of a “growing malaise” in the judiciary, following the passing of a national security law in 2020, and said the rule of law was “profoundly compromised in any area about which the government feels strongly”.
These remarks are especially disappointing as Sumption has, in the past, publicly defended the role of British judges in Hong Kong, resisting pressure in the UK for them to withdraw.
Sumption’s allegations prompted a robust response in Hong Kong. The government issued a strongly worded rebuttal, defending the city’s rule of law.
Chief Executive John Lee Ka-chiu stressed the government had not and would never allow anyone to interfere with the administration of justice.
Chief Justice Andrew Cheung Kui-nung and former top judge Andrew Li Kwok-nang expressed confidence in the courts to continue to operate with professionalism and integrity, striking a balance between national security and rights.
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Hong Kong’s leader, chief justice voice regret after British judges resign from top court
The presence of foreign judges continues to be of great importance to the city. The arrangement is unique, one of the merits of “one country, two systems”. That should be appreciated by overseas judges who sit on the top court. But the practice is under threat amid geopolitical tensions.
Canadian judge Beverley McLachlin, wanting to spend time with her family, announced she would retire at the end of her contract. This will leave seven overseas judges, half the number of four years ago.
The most compelling support for Hong Kong’s judiciary has come from the judges themselves. Collins said he had full confidence in the court and the independence of its members.
McLachlin expressed confidence in the judges’ determination to uphold the rule of law. Some of those remaining confirmed their commitment to the city.
Judges come and go. They make a personal choice. Every effort must now be made to find top-quality replacements. The pool of foreign judges must be strengthened. There will continue to be debate about Hong Kong’s political system and rule of law.
The latest controversy serves to reaffirm commitment to an independent judiciary that dispenses justice freely and fairly under the one country, two systems concept. While it is sad to see judges go, faith in the judicial system must be maintained.
