Hong Kong’s justice minister Paul Lam has played down the recent resignation of three foreign judges from the city’s top court, saying local judges are more important in safeguarding the rule of law.
Lam on Thursday also said he disagreed with British judge Jonathan Sumption, who recently resigned from the city’s Court of Final Appeal (CFA) and criticised the national security case against 47 pro-democracy figures. Lam said the court proceedings had not been completed and Sumption “could not be unaware” of the pressure on the judges due to his comments.
But Lam said he respected Sumption’s contribution to the city as a non-permanent judge sitting in the CFA.
Sumption was one of three overseas non-permanent judges who announced their departure in early June, alongside Lawrence Collins from Britain and Beverley McLachlin from Canada.
Afterwards, Sumption said in an op-ed in the Financial Times that the city’s rule of law was in “grave danger” after Beijing imposed a national security law in 2020 following large-scale pro-democracy protests and unrest. His remarks were later criticised by city leader John Lee and Beijing’s offices in Hong Kong.
The foreign judges’ departures have sparked overseas concern over the integrity of the city’s rule of law. After McLachlin’s term ends in July, there will be seven overseas judges remaining in the top court: three from Britain and four from Australia.
In a pre-recorded interview with government-owned broadcaster RTHK, Lam said the foreign judges played a unique role in Hong Kong’s legal system as they brought expertise to the CFA. Most are senior justices from other common law jurisdictions.
When Hong Kong was a British colony, the apex court was the Privy Council in London. As the colonial era came to an end in 1997 as Hong Kong was returned to Chinese rule, the CFA was formed and allowed to invite overseas judges as a way to maintain the city’s common law system.
See also: Why do foreign judges sit on Hong Kong’s top court?
Lam said Hong Kong at the time did not have any local judges experienced in final adjudication, and overseas judges were invited to bolster international confidence in the city’s rule of law.
They also helped prepare local judges for their roles in the CFA.
Overseas judges are appointed as non-permanent judges. A usual bench of five in the CFA consists of the chief justice, three local permanent judges and one non-permanent judge.
Lam said except for the CFA, no courts in the city employed overseas judges, and only a fraction of all cases would reach the apex court every year.
“Therefore, the credit for the fact that Hong Kong has a high level of rule of law largely goes to our local judges,” he said in Cantonese. “It is not the case that losing a few non-permanent judges will deal a heavy blow to our rule of law.”
Lam said it was “common” for overseas judges to come and go and it was not “a matter of life and death,” adding that there had been newcomers since the Beijing-imposed security law came into effect.
Beijing inserted national security legislation directly into Hong Kong’s mini-constitution in June 2020 following a year of pro-democracy protests and unrest. It criminalised subversion, secession, collusion with foreign forces and terrorist acts – broadly defined to include disruption to transport and other infrastructure. The move gave police sweeping new powers and led to hundreds of arrests amid new legal precedents, while dozens of civil society groups disappeared. The authorities say it restored stability and peace to the city, rejecting criticism from trade partners, the UN and NGOs.
Support HKFP | Policies & Ethics | Error/typo? | Contact Us | Newsletter | Transparency & Annual Report | Apps
Help safeguard press freedom & keep HKFP free for all readers by supporting our team
LATEST FROM HKFP
HKFP has an impartial stance, transparent funding, and balanced coverage guided by an Ethics Code and Corrections Policy.
Support press freedom & help us surpass 1,000 monthly Patrons: 100% independent, governed by an ethics code & not-for-profit.
