Former Canadian judge Beverley McLachlin says she will remain a judge in Hong Kong’s Supreme Court despite the resignation of two British judges who have cited the deterioration of freedoms since Beijing imposed a national security law on the city in 2020. “The tribunal functions as an independent, judicial branch of government – perhaps the last surviving strong institution of democracy,” McLachlin, Canada’s longest-serving Supreme Court justice (2000-2017), said in a telephone interview on Wednesday. . “And it is there for the people to be given fair hearings and justice independent of the courts.” Earlier in the day, Robert Reed, president of the UK Supreme Court, expressed concern that he and Vice President Patrick Hodge were giving legitimacy to the Hong Kong government, whose independence has been jeopardized by law. national security and the repression of political dissidents from Beijing. Lord Reed said in a written statement that “the courts in Hong Kong continue to be internationally respected for their commitment to the rule of law”, but since the introduction of the Security Act, the position of British judges has become “increasingly delicate”. balance”. “I have concluded, in agreement with the government, that Supreme Court justices can not continue to sit in Hong Kong without appearing to support an administration that has strayed from the values of civil liberties and freedom of expression, in which judges “The Supreme Court is deeply committed to him,” said Lord Reed. He added that he and Lord Hodge had submitted their resignations “as non-permanent judges of the HKCFA with immediate effect”. Following Hong Kong’s extradition to China in 1997, foreign judges continued to appear in the city’s Final Court of Appeal (CFA), and their presence is considered by many to be a guarantor and symbol of Hong Kong’s judicial independence. While some judges, including Mrs McLachlin, serve in a private capacity, the Chief Justice and Deputy Chief Justice of the United Kingdom’s Supreme Court have traditionally held positions in Hong Kong as part of their duties. But as freedoms in Hong Kong have been restricted in recent years, especially after the Security Act and its coordinated crackdown on pro-democracy opposition, many critics have argued that the presence of foreign judges in the CFA provides a veil of international legitimacy in an increasingly oppressive system. Ms McLachlin chose to extend her term until 2024 last year, but has faced pressure from Canada to step down. In January, Conservative MP and shadow foreign minister Michael Chong said Ottawa should hold a public consultation on whether it is appropriate for Canadian judges to serve in Hong Kong. Ms McLachlin said she had not been contacted by the Canadian government or its successor, Chief Justice Richard Wagner. She said she did not want to comment on Lord Reed’s statement, which she did not know when she was contacted by the Globe and Mail. But on the issue of legitimacy in the administration, he said: “I categorically deny it.” He said the court “has absolutely nothing to do with the regime”, adding that his judge had assured her that the court would remain independent. “I try to make these decisions in principle and I think the people of Hong Kong have the right to an independent final appeal. “They are lucky so far to have this independent court of appeals.” British Consul General Brian Davidson said on Wednesday that British judges “have played a key role in supporting the independence of the judiciary for many years in Hong Kong.” “But after the introduction of the national security law, the guaranteed rights and freedoms are now unfortunately deteriorating.” Lord Reed’s statement came just minutes before British lawmakers debated the issue in parliament. Conservative MP Iain Duncan Smith said the announcement “confirmed what we have long known to be true: the presence of British judges in Hong Kong courts can no longer be justified in the face of Beijing’s unbridled repression in the city”. Andrew Cheung, Hong Kong’s chief justice, said he regretted the decision and thanked the judges for their service. On Facebook, former Hong Kong leader Leung Chun-ying blamed the British government for the judges’ resignations, saying it was “a disgusting example of administrative intervention in the judiciary”. Hong Kong Law Firm President Chan Chuck-ming urged Lords Reed and Hodge to reconsider, saying there was general support in the legal community for foreign judges in court. Hong Kong officials have used the presence of foreign judges in the past to repel international criticism. Last year, CEO Carrie Lam said that “the willingness of these distinguished judges to participate in the work of the Hong Kong courts is the best proof of Hong Kong’s judicial independence.” The resignations will increase the control of foreign judges who remain in court. The first to speak was Australian Judge Robert French, who said he would stay. “I believe that the Chief Justice and the permanent judges of the Final Court of Appeal are committed to maintaining the independence of the judiciary,” he told the Sydney Morning Herald. Our Morning and Afternoon Newsletters are compiled by Globe editors, giving you a brief overview of the day’s most important headlines. Register today. Our Morning and Afternoon Newsletters are compiled by Globe editors, giving you a brief overview of the day’s most important headlines. Register today.
