UK withdraws its judges from Hong Kong’s high court docket

Britain mentioned preserving its judges in Hong Kong’s Court of Final Appeal would “legitimize oppression” underneath a controversial safety legislation within the former British colony.

The British authorities on Wednesday pulled out its judges from Hong Kong’s highest court docket, citing a China-imposed nationwide safety legislation cracking down on dissent.

Britain, which handed Hong Kong again to China in 1997, says the legislation is a breach of the 1984 Sino-British Joint Declaration that paved the way in which for the handover.

British judges have been serving on Hong Kong’s Court of Final Appeal (CFA) as a part of efforts to safeguard the rule of legislation within the metropolis.

Two of eight Britons on the CFA’s listing of non-permanent overseas judges introduced their resignation, in step with the British authorities’s resolution. It is unclear if the remaining six would nonetheless serve.

Why did the judges stop?

The head of Britain’s high judicial physique Robert Reed mentioned he and colleague Patrick Hodge would relinquish their roles as non-permanent judges on the Hong Kong CFA.

“I have concluded, in agreement with the [British] government, that the judges of the Supreme Court cannot continue to sit in Hong Kong without appearing to endorse an administration which has departed from values of political freedom, and freedom of expression,” Reed mentioned in an announcement.

British Foreign Minister Liz Truss slammed “a systematic erosion of liberty and democracy” in Hong Kong underneath the nationwide safety legislation.

“The situation has reached a tipping point where it is no longer tenable for British judges to sit on Hong Kong’s leading court, and would risk legitimizing oppression,” she mentioned.

</iframe

How did Hong Kong reply?

Hong Kong chief Carrie Lam expressed “regret and disappointment” over the British resolution.

In an announcement, Lam mentioned the overseas judges had made a useful contribution to Hong Kong for 25 years however “we must vehemently refute any unfounded allegations that the judges’ resignations have anything to do with … the national security law.”

Hong Kong Chief Justice Andrew Cheung mentioned he famous with “regret” the resignations of Reed and Hodge, calling for them to reverse their resolution.

Meanwhile, China mentioned it “strongly deplored” Britain’s transfer.

“By playing the ‘foreign judges’ card, [Britain] attempts to maliciously vilify China’s policies for Hong Kong and to discredit the development of Hong Kong’s rule of law,” the Commissioner’s Office, which represents Beijing’s Foreign Ministry within the metropolis, mentioned in an announcement.

What is the nationwide safety legislation?

Beijing imposed the legislation after Hong Kong was rocked by months of generally violent anti-government road protests in 2019.

China says the legislation — which outlaws secession, subversion, terrorism and overseas collusion — has introduced stability to Hong Kong.

However, the laws has been used to arrest over 100 pro-democracy figures. Police have additionally raided and shut down the places of work of pro-democracy media underneath the legislation.

Western governments and the UN have sharply criticized the legislation, saying Beijing was eroding the autonomy promised to Hong Kong when the town was transferred again to China.