Authorities blame Western governments for foreign judges leaving Hong Kong
Those who left office cited personal reasons as the cause of their departure or Hong Kong’s changed situation after Beijing imposed its security law. Hong Kong’s Deputy Secretary for Justice, Horace Cheung Kwok-kwan, blames the resignations on “inappropriate pressure” from the West.
Hong Kong (AsiaNews) – Hong Kong's Deputy Secretary for Justice Horace Cheung Kwok-kwan has accused Western governments of exerting "inappropriate pressure" on foreign judges working in the city's court system, saying that such interference has led to the resignation of some of them.
Cheung levelled his criticism following the recent resignation of Nicholas Addison Phillips, a British member of the Court of Final Appeal.
Phillips, who has served since 2012, is the third British justice to resign from Hong Kong's top court in recent months and the fifth foreign justice to quit this year, as reported by the South China Morning Post.
In June, British judges Jonathan Sumption and Lawrence Collins resigned attributing their decision to Hong Kong’s changed political circumstances after Beijing imposed its security law.
In an opinion piece for the Guardian, Sumption described the city as a "slowly becoming a totalitarian state". Collins also stated that he left office because of the city’s political situation.
The Hong Kong government has responded rejecting allegations of political pressure on local courts and criticised Sumption for abandoning fellow judges.
“In recent years we’ve noticed that some foreign countries, especially the United States and the United Kingdom, have exerted inappropriate pressure on our non-permanent judges,” Cheung said.
“There were indeed some non-permanent judges deciding to quit over the past two years due to many different reasons such as personal ones. But they, including the incumbents, all had a high regard and recognition for Hong Kong’s rule of law,” he added. “I hope these overseas politicians stop attacking or attempting to undermine our rule of law.”
Phillips, 86, chose not to renew his tenure, which ended last Monday, citing personal reasons. Before him, Australian Anthony Gleeson, 88, did not renew his tenure, which expired on 29 February, while Canadian Beverley McLachlin, 80, retired on 29 July.
The Final Court of Appeal is made up of three permanent judges and a maximum of 30 non-permanent judges from any foreign jurisdiction where Common Law is applied.
Hong Kong is allowed to recruit judges from abroad under the Basic Law, the city's constitution. Currently, six foreign judges serve at the Court of Final Appeal, down from 15 in June 2020.
Of the six remaining judges, two – David Edmond Neuberger and Leonard Hubert Hoffmann – are from the UK, while the other four – William Montague Charles Gummow, Robert French, Patrick Anthony Keane and James Leslie Bain Allsop – are Australian.
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