A high-profile British judge, Lord Sumption, has resigned from Hong Kong’s Court of Final Appeal, warning that the city is “slowly becoming a totalitarian state.” His resignation, alongside two other senior foreign judges, underscores the increasing political pressures on Hong Kong’s judiciary amid China’s growing influence.
Lord Sumption’s Concerns
Lord Sumption, a former UK Supreme Court justice, voiced his concerns on the BBC’s Today programme, stating that the political environment in Hong Kong, driven by China, has made it impossible for judges to perform their roles independently. In a newspaper op-ed, he highlighted that the rule of law in Hong Kong has been “profoundly compromised” and criticized the judiciary for losing sight of their role as defenders of liberty under pressure from the draconian National Security Law (NSL).
Resignations and Their Implications
The resignation of Lord Sumption, along with Canadian judge Beverley McLachlin and Lord Lawrence Collins, marks a significant shift. At least six senior foreign judges have stepped down since the imposition of the NSL in 2020. While some departing judges, like McLachlin, have expressed continued confidence in the independence of the courts, Sumption has been overtly critical, asserting that the judiciary is being used to suppress peaceful political dissent rather than just maintain law and order.
National Security Law and Judicial Independence
The NSL, enacted by Beijing in response to pro-democracy protests, has been widely criticized for its impact on free speech and assembly. Recent convictions, such as those in the Hong Kong 47 case, have drawn heavy criticism from Western governments for being politically motivated. Sumption cited these developments, particularly the conviction of activists for organizing a political primary, as evidence of the law being used to stifle dissent.
The Role of Foreign Judges
Foreign judges have historically played a role in upholding Hong Kong’s British-style common law legal system, which has been crucial to its status as a global financial hub. Their presence was seen as a safeguard for judicial independence. However, the recent resignations, driven by concerns over the compromised judicial environment, raise questions about the future of Hong Kong’s legal system and its international reputation.
Reactions and Future Prospects
Hong Kong’s government has strongly disapproved of Sumption’s comments, accusing him of betraying Hong Kong’s judges. Despite this, the departures highlight a growing unease within the international legal community about the integrity of Hong Kong’s judiciary under China’s influence.
Hong Kong’s chief justice, Andrew Cheung, has reassured that the Court of Final Appeal will continue to function independently. However, the resignation of respected foreign judges like Lord Sumption signals significant concerns about the future of judicial independence in Hong Kong.
Conclusion
The resignations of prominent foreign judges from Hong Kong’s highest court underscore the profound impact of China’s political influence on the city’s judiciary. The situation raises critical questions about the future of judicial independence and the rule of law in Hong Kong, posing significant implications for its status as an international city and financial hub.