Asia-Pacific

Hong Kong’s government rejects former judge’s criticism and insists its judiciary remains independent

Former supreme court judge claimed Hong King ‘slowly becoming a totalitarian state’

Chief executive John Lee said Hong Kong authorities had never interfered with the independence of the judiciary and would not do so. Photograph: Peter Parks/AFP via Getty Images

Denis Staunton China Correspondent
Tue Jun 11 2024 - 19:55

Hong Kong’s government has rejected claims that the rule of law in the city is under threat after three out of 10 foreign judges who sit on its highest court resigned within a week. Chief executive John Lee said the Hong Kong authorities had never interfered with the independence of the judiciary and would not do so.

Canadian judge Beverley McLachlin said on Monday that she would step down next month as an overseas judge of the court of final appeal. Two former British supreme court judges, Jonathan Sumption and Lawrence Collins, announced their resignations from the court last week.

“Hong Kong, once a vibrant and politically diverse community, is slowly becoming a totalitarian state. The rule of law is profoundly compromised in any area about which the government feels strongly,” Lord Sumption wrote in the Financial Times.

“I remained on the court in the hope that the presence of overseas judges would help sustain the rule of law. I fear that this is no longer realistic.”

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Hong Kong retained the common law system after Britain returned the former colony to China in 1997 and the Basic Law, its quasi-constitution, guarantees the independence of the courts. But the standing committee of China’s National People’s Congress (NPC) in Beijing has the authority to interpret the Basic Law and any mainland Chinese laws that apply in Hong Kong.

Since Beijing imposed a National Security Law on Hong Kong in 2020, the city’s judges have convicted all but two people charged under it. Last month, the high court convicted 14 people of conspiracy to commit subversion because they organised primaries aimed at winning a majority on the Legislative Council that would block the budget unless the authorities agreed to some democratic reforms.

“Intimidated or convinced by the darkening political mood, many judges have lost sight of their traditional role as defenders of the liberty of the subject, even when the law allows it. There are guarantees of freedom of speech and assembly in both the Basic Law and the National Security Law, but only lip-service is ever paid to them,” Lord Sumption wrote.

Lord Collins also cited “the political situation in Hong Kong” as a reason for his resignation but he added that he still had “the fullest confidence in the court and the total independence of its members”. Ms McLachlin also expressed confidence in the other members of the court, “their independence, and their determination to uphold the rule of law”.

In a lengthy statement on Tuesday, the Hong Kong government said the courts were under no political pressure in the adjudication of national security cases and there was no decline in the rule of law.

“The prosecutorial decisions of the Department of Justice has not been subject to any interference. Likewise, the court has always exercised its independent judicial power without any interference. This is how it was in the past, how it is at present, and how it will be in future. The rule of law in Hong Kong is strong and will not change,” Mr Lee said.

Denis Staunton

Denis Staunton

Denis Staunton is China Correspondent of The Irish Times

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