The two British Supreme Court justices sitting in Hong Kong have resigned, citing an “untenable” position due to the national security law imposed by China.
The two British Supreme Court justices sitting in Hong Kong’s highest court resigned on Wednesday as the British government deemed their position “untenable” because of the national security law imposed by China on the former colony.
“I have concluded, in agreement with the government, that the judges of the Supreme Court cannot continue to sit in Hong Kong without appearing to endorse an administration which has departed from the values of political freedom and freedom of expression”, said Supreme Court Chief Justice Robert Reed, announcing his departure and that of Deputy Chief Justice Patrick Hodge “with immediate effect” from Hong Kong’s Court of Final Appeal.
In accordance with the agreement providing for the return of this former British colony to China in 1997, British judges have sat since that date on the Hong Kong Court of Final Appeal, the highest court in Hong Kong. There are also retired judges from the United Kingdom, Australia or Canada.
The UK Supreme Court had already raised concerns about the national security law when it came into force.
“Systematic erosion of freedom and democracy in Hong Kong”
In all, eight of the twelve non-permanent foreign magistrates are British, including those of the Supreme Court.
“We have seen a systematic erosion of freedom and democracy in Hong Kong. Since the imposition of the National Security Law, authorities have cracked down on freedom of speech, freedom of the press and freedom of association,” Foreign Minister Liz Truss said in a separate statement.
“The situation has reached a crisis point, where it is no longer tenable for British judges to sit in the main court of Hong Kong, at the risk of legitimizing oppression,” she added.
His department did not say whether the other UK judges also intended to step down, but said it was “increasingly untenable for the UK government to support (them)”.
The national security law, enacted at the end of June 2020 after a wave of demonstrations for freedoms in Hong Kong, plans to punish separatist, “terrorist” activities, subversion, or even foreign interference in the Chinese autonomous territory.
London had denounced it as a “manifest violation” of the autonomy enjoyed by its former colony, deciding in response to extend the rights to immigration, and eventually access to British citizenship, for many inhabitants of the territory.