British judges have been in court since Hong Kong returned to China in 1997. The British government’s move underscores the growing isolation of the Asian financial hub as the ruling Chinese Communist Party works to assert its control and vote independently. While the UK had judges serving on the Final Court of Appeal as part of efforts to ensure the rule of law in the city, the British government said it was “no longer tolerated” due to increasingly oppressive laws being passed by China. The two senior British judges in court submitted their resignations on Wednesday. “The courts in Hong Kong continue to be internationally respected for their commitment to the rule of law,” said United Kingdom Supreme Court President Robert Reed after he and his colleague Patrick Hodge resigned from the court in Hong Kong. “Nevertheless, I have come to an agreement with the government that Supreme Court justices can not continue to sit in Hong Kong without appearing to support a government that has strayed from the values ​​of civil liberties and freedom of expression. “. Fourteen non-permanent judges remain on the city’s Final Court of Appeals, including 10 from other common law jurisdictions, such as Australia and Canada. Beverley McLachlin, a former Chief Justice of the Supreme Court of Canada, is one of the foreign part-time judges. She said she had “no comment at the moment” after the CBC contacted her on Wednesday to ask if she had made any decision about her future in a Hong Kong court. China has intensified its crackdown on Hong Kong’s semi-autonomous political and legal institutions in recent years. These efforts include the passage of the sweeping National Security Act 2020 and changes to the electoral system that effectively put an end to the political opposition in the territory. The security law, which bans secession, overthrow, terrorism and foreign collusion, has been used to arrest more than 100 pro-democracy figures, and many more have fled abroad. Since the law was introduced, Hong Kong police have raided pro-democracy media outlets, shutting them down and arresting journalists. Lawmakers, students and candlelight vigils marking the deadly 1989 repression of the Communist Party in a pro-democracy movement were also targeted.

‘Crucial point’

The security law has drawn criticism from some Western governments and the United Nations that Beijing was destroying Hong Kong’s status as a commercial and financial hub, eroding the autonomy it promised when the city was relocated back to China on a “one country,” two systems “. Top judges in Hong Kong attend a ceremony to mark the start of the new legal year in Hong Kong in this 2002 photo. (Reuters)
“We have seen a systematic erosion of freedom and democracy in Hong Kong. Since the National Security Act was enacted, the authorities have undermined freedom of speech, freedom of the press and freedom of association,” said British Foreign Secretary Liz T . “The situation has reached a point where it is no longer possible for British judges to appear in the Supreme Court of Hong Kong and would risk legitimizing repression.” In a statement issued after the resignations, Hong Kong Justice Minister Teresa Cheng said: “The constitutional basis on which our judicial independence is based will not be shaken.” In a statement, Hong Kong Chief Justice Andrew Cheung noted with regret the resignations of Reed and Hodge. Cheung said the judiciary is committed to the rule of law and that foreign judges have made valuable contributions to the city’s courts. The Hong Kong Bar Association, which represents the city’s lawyers, said the decision was “a matter of deep regret”. She appealed to the remaining judges of the Final Court of Appeal abroad to stay and serve the city and help maintain its judicial independence. The decision to retire British judges after many years in Hong Kong has been welcomed by British lawmakers. A senior Conservative MP, Tom Tugenthat, said British judges should not help strengthen “a legal system now being used to trap Hong Kong without a fair trial”. Conservative lawmaker Iain Duncan Smith, a longtime critic of the Beijing government, said [U.K.] “The government did the right thing here, and not a minute too early.”