Three Australians to remain on Hong Kong's highest court after UK judges quit

Retired former Australian Chief Justice Robert French says he and his two Australian colleagues will stay on Hong Kong's top court following two resignations.

GEORGE BRANDIS NATIONAL LEGAL CONFERENCE ADDRESS

Justice Robert French, who is a non-permanent judge of the Hong Kong Court of Final Appeal and former chief justice of the Australian High Court. Source: AAP / Mal Fairclough

China has blamed the resignation of two senior UK judges from Hong Kong's highest court on "British pressure" against a sweeping national security law while three Australians have indicated they will remain on the bench.

But United Kingdom Foreign Secretary Liz Truss, in a report to parliament, said "the political and legal situation in Hong Kong has now deteriorated beyond the point where it is acceptable for serving UK judges to take part".

The judges resigned from (CFA) on Wednesday, saying they could not support an administration that had "departed from values of political freedom" and freedom of expression.

Hong Kong returned to Chinese rule in 1997 with the guarantee of a high degree of autonomy, including an independent judiciary and freedom of speech.

The UK says the national security law is a breach of the 1984 Sino-British Joint Declaration that paved the way for the city's return to China under a "one country, two systems" formula.
Chinese Foreign Ministry spokesman Wang Wenbin expressed "strong dissatisfaction" with the resignations and said UK pressure had been exerted on the judges in order "to defame the Hong Kong National Security Law and interfere in China's internal affairs".

"The British side flagrantly interfered in and undermined the administration of justice in the territory by political means," he told reporters.

UK judges have long served among the foreign jurists appointed to the CFA, an arrangement to maintain confidence in a separate legal system widely seen as the bedrock of the city's social and commercial freedoms.

Business people and diplomats are watching particularly closely, given the importance of legal independence to Hong Kong's status as a global financial hub.

Robert Reed, the head of the UK's top judicial body, on Wednesday said he and colleague Patrick Hodge would relinquish with immediate effect their roles as non-permanent judges on the CFA.

Mr Reed's statement said the move was made in agreement with the UK government.

"With Beijing assuming almost complete control of Hong Kong's law-making process, the judiciary is now being required to enforce Beijing's laws and the values they contain," Truss wrote in a six-monthly report to parliament.
"Such laws are not aligned with UK values. By taking this decision, we are standing up for the principles of freedom and democracy."

Hong Kong leader Carrie Lam said she regretted the resignations, adding that foreign judges were much valued to help safeguard judicial independence.

"I remain very confident that we still have very fine judges in the judiciary, both local and from overseas. Hong Kong will continue to benefit significantly," she said.

Ten other foreign judges are still serving on the Hong Kong court, six of whom are retired British jurists.

Canada's former top judge, Beverley McLachlin, is to remain serving on the CFA, Lam said, citing her as saying her appointment had no connection to the Hong Kong administration.

Retired former Australian Chief Justice Robert French told news agency Reuters in an email he and his two Australian colleagues would stay on the bench.

"We do not intend to resign. We support the judges of the CFA in their commitment to judicial independence," he said, referring to former justices William Gummow and Murray Gleeson.

Mr Gummow and Mr Gleeson did not immediately respond to requests for comment.

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4 min read
Published 1 April 2022 8:39am
Updated 1 April 2022 9:08am
Source: SBS, Reuters


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