Two senior UK judges resign from Hong Kong’s top court

Two of Britain’s most senior judges have resigned from Hong Kong’s high courtroom, citing Beijing’s imposition of a troublesome nationwide safety legislation on the territory, in a blow for the town’s status as a authorized hub.

Lord Robert Reed, president of the Supreme Court docket, and Lord Patrick Hodge, who additionally sits on the UK’s high courtroom, mentioned on Wednesday that they had submitted their resignations as non-permanent judges on Hong Kong’s Court docket of Last Attraction.

“I’ve concluded, in settlement with the federal government, that the judges of the Supreme Court docket can not proceed to take a seat in Hong Kong with out showing to endorse an administration which has departed from values of political freedom, and freedom of expression,” Lord Reed mentioned.

The choice was taken following discussions with Dominic Raab, the UK Lord Chancellor and justice secretary.

Two members of Britain’s high courtroom have sat on the Hong Kong courtroom as a part of an association struck on the time of the area’s handover from British to Chinese language rule in 1997 to help the “one nation, two methods” framework. Their presence was supposed to underpin the rule of legislation within the area.

The 2020 nationwide safety legislation on Hong Kong has ignited considerations each within the territory and abroad over whether or not the town’s revered judiciary would stay impartial. Political strain had been constructing within the UK on judges to cease serving in Hong Kong.

The legislation elevated the Chinese language authorities’s grip on the territory, which was promised a excessive diploma of autonomy beneath the situations of its handover from Britain. Crimes akin to terrorism, subversion, secession and collusion with international components entice penalties of as much as life imprisonment.

However the Hong Kong Bar Affiliation has beforehand opposed UK judges pulling out of the territory’s courts, arguing they play an essential function in serving peculiar residents. A number of retired British judges additionally sit in Hong Kong.

Reed had beforehand advised MPs that he would now not function a choose in Hong Kong if he felt there was undermining of the independence of Hong Kong judiciary by China and any resolution to step down would require “nice care”.

Wednesday’s resolution is prone to ship shockwaves by way of the authorized group and alarm international corporations within the area who depend on Hong Kong’s authorized system to make sure they will implement contracts. James Spigelman, an Australian choose, resigned from the courtroom in September 2020.

Liz Truss, the UK international secretary, mentioned the federal government backed the transfer as a result of the state of affairs had “reached a tipping level the place it’s now not tenable for British judges to take a seat on Hong Kong’s main courtroom, and would threat legitimising oppression”.

“For the reason that imposition of the nationwide safety legislation in 2020, China has continued to make use of this laws to undermine the elemental rights and freedoms of the individuals of Hong Kong,” Truss mentioned.

The choice is the newest growth in an more and more tough relationship between Beijing and the British authorized occupation.

Final 12 months the Chinese language authorities imposed sanctions on Baroness Helena Kennedy, a outstanding human rights barrister, in addition to various MPs and teachers.

It additionally imposed restrictions on Essex Court docket Chambers, from the place various barristers function, after it accused them of “gross interference” for feedback about Xinjiang, the place greater than 1mn Uyghurs and different Muslims have been interned since 2017.

The Chinese language measures banned these named and their members of the family from getting into China and Hong Kong and from doing enterprise with Chinese language people and entities.

Kennedy mentioned on Wednesday: “I’m actually glad to see our judiciary make this resolution. The presence of extremely revered British judges sitting in judgment throughout the Hong Kong system lent it respectability when it now not conformed to worldwide requirements of the rule of legislation.”