#Court
Appointment of Lord Patrick Hodge to HK’s highest court risks bringing the British judicial system into disrepute
In September 2020, Australian Justice James Spigelman resigned as a non-permanent judge on the Hong Kong's Court of Final Appeal. He told an Australian media outlet that his resignation was “related to the content of the national security legislation.”
As Spigelman’s replacement, Chief Executive Carrie Lam appointed Scottish judge Lord Hodge as a non-permanent judge of the Court of Final Appeal.
The appointment sparked grave concern among UK parliamentarians as 32 of them, including six from the House of Commons and 26 from the House of Lords, wrote in a letter to the Lord Chancellor, Robert Buckland QC MP, calling for a “clear and unambiguous statement to be made as a matter of urgency”.
“Accepting such appointments not only makes British judges complicit in the human rights abuses being perpetrated by the authorities in Hong Kong, but also now risks bringing our own judicial system into disrepute through such association and complicity with the flawed principles and processes of the National Security Law,” they said.
Meanwhile in Hong Kong, legal sector lawmaker, Dennis Kwok, reacted to the U.K. lawmakers' letter by saying that the Hong Kong government’s attacks on the rule of law have shaken the international community’s confidence in the city’s judiciary system.
Source: Apple Daily #Oct9
https://hk.appledaily.com/local/20201009/CNJHWY5VYREGLA57OL4BVSHWEY/
#RuleOfLaw #Appointment #PatrickHodge #NationalSecurityLaw
Appointment of Lord Patrick Hodge to HK’s highest court risks bringing the British judicial system into disrepute
In September 2020, Australian Justice James Spigelman resigned as a non-permanent judge on the Hong Kong's Court of Final Appeal. He told an Australian media outlet that his resignation was “related to the content of the national security legislation.”
As Spigelman’s replacement, Chief Executive Carrie Lam appointed Scottish judge Lord Hodge as a non-permanent judge of the Court of Final Appeal.
The appointment sparked grave concern among UK parliamentarians as 32 of them, including six from the House of Commons and 26 from the House of Lords, wrote in a letter to the Lord Chancellor, Robert Buckland QC MP, calling for a “clear and unambiguous statement to be made as a matter of urgency”.
“Accepting such appointments not only makes British judges complicit in the human rights abuses being perpetrated by the authorities in Hong Kong, but also now risks bringing our own judicial system into disrepute through such association and complicity with the flawed principles and processes of the National Security Law,” they said.
Meanwhile in Hong Kong, legal sector lawmaker, Dennis Kwok, reacted to the U.K. lawmakers' letter by saying that the Hong Kong government’s attacks on the rule of law have shaken the international community’s confidence in the city’s judiciary system.
Source: Apple Daily #Oct9
https://hk.appledaily.com/local/20201009/CNJHWY5VYREGLA57OL4BVSHWEY/
#RuleOfLaw #Appointment #PatrickHodge #NationalSecurityLaw
#Court
#UK Top judge believes HK judiciary remains independent, continues to serve on HK Court of Final Appeal
The president of the UK's Supreme Court said on August 27, 2021 that he and his deputy will continue to sit in Hong Kong's top court after finding the SAR's judiciary remains "largely independent”.
#RobertReed and deputy president #PatrickHodge both serve as non-permanent judges at Hong Kong's Court of Final Appeal, along with 10 other foreign judges.
In a statement, Lord Reed said he had been in discussion with the UK's foreign secretary and the Lord Chancellor regarding the situation in Hong Kong after the implementation of the national security law by Beijing.
"At this time, our shared assessment is that the judiciary in Hong Kong continues to act largely independently of government and their decisions continue to be consistent with the rule of law," he said.
Lord Reed has warned that he wouldn't serve or nominate any of his judges to sit on Hong Kong's top court if the national security law undermines judicial independence or the rule of law.
Since the implementation of Hong Kong's #NationalSecurityLaw in June 2020, two judges had already left their posts as non-permanent judges at the Court of Final Appeal.
Source: RTHK, Stand News #Aug27
https://thestandnews.page.link/Eb78QLQFbW2n2wSy6
#JudiciaryIndependence #RuleOfLaw
#UK Top judge believes HK judiciary remains independent, continues to serve on HK Court of Final Appeal
The president of the UK's Supreme Court said on August 27, 2021 that he and his deputy will continue to sit in Hong Kong's top court after finding the SAR's judiciary remains "largely independent”.
#RobertReed and deputy president #PatrickHodge both serve as non-permanent judges at Hong Kong's Court of Final Appeal, along with 10 other foreign judges.
In a statement, Lord Reed said he had been in discussion with the UK's foreign secretary and the Lord Chancellor regarding the situation in Hong Kong after the implementation of the national security law by Beijing.
"At this time, our shared assessment is that the judiciary in Hong Kong continues to act largely independently of government and their decisions continue to be consistent with the rule of law," he said.
Lord Reed has warned that he wouldn't serve or nominate any of his judges to sit on Hong Kong's top court if the national security law undermines judicial independence or the rule of law.
Since the implementation of Hong Kong's #NationalSecurityLaw in June 2020, two judges had already left their posts as non-permanent judges at the Court of Final Appeal.
Source: RTHK, Stand News #Aug27
https://thestandnews.page.link/Eb78QLQFbW2n2wSy6
#JudiciaryIndependence #RuleOfLaw
UK judges quit Hong Kong's top court over national security law concerns while Canadian and Australian judges decide to remain
Two senior British judges, including the president of the UK Supreme Court, Lord #RobertReed and his deputy Lord #PatrickHodge resigned from Hong Kong's highest court. Four of the ten remaining overseas judges, however, said they would remain to defend the city's "last surviving strong institution of democracy".
Reed said in a statement on March 30, 2022, that they could no longer serve in Hong Kong's Court of Final Appeal "without appearing to endorse an administration which has departed from values of political freedom."
The judges resignation was endorsed by the UK prime minister as #BorisJohnson told MPs: “They have evidently concluded the constraints of the national security law make it impossible for them to serve in the way they would want.”
British Foreign Secretary #LizTruss also said that the situation had reached a tippingpoint "untenable" for judges to serve independently without risk legitimising oppression.
"We have seen a systematic erosion of liberty and democracy in Hong Kong. Since the National Security Law was imposed, authorities have cracked down on free speech, the free press and free association."
Four of the ten remaining overseas judges, however, have said on the next day that they will remain, including former Canadian chief justice Beverley McLachlin, Australian judges William Gummow, Anthony Murray Gleeson and Robert French.
Sources:
InmediaHK, #Mar30;
https://bit.ly/3LqiLrr
HKFP, #Mar31
https://hongkongfp.com/2022/03/31/australian-canadian-judges-to-stay-on-hong-kong-top-court-after-2-uk-judges-quit-citing-security-law/
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Barrister #PaulHarris Leaves Hong Kong After Being Approached by National Security Police
https://t.me/guardiansofhongkong/32345
Hong Kong Watch, the first overseas organisation accused of National Security Violations
https://t.me/guardiansofhongkong/32404
.
Two senior British judges, including the president of the UK Supreme Court, Lord #RobertReed and his deputy Lord #PatrickHodge resigned from Hong Kong's highest court. Four of the ten remaining overseas judges, however, said they would remain to defend the city's "last surviving strong institution of democracy".
Reed said in a statement on March 30, 2022, that they could no longer serve in Hong Kong's Court of Final Appeal "without appearing to endorse an administration which has departed from values of political freedom."
The judges resignation was endorsed by the UK prime minister as #BorisJohnson told MPs: “They have evidently concluded the constraints of the national security law make it impossible for them to serve in the way they would want.”
British Foreign Secretary #LizTruss also said that the situation had reached a tippingpoint "untenable" for judges to serve independently without risk legitimising oppression.
"We have seen a systematic erosion of liberty and democracy in Hong Kong. Since the National Security Law was imposed, authorities have cracked down on free speech, the free press and free association."
Four of the ten remaining overseas judges, however, have said on the next day that they will remain, including former Canadian chief justice Beverley McLachlin, Australian judges William Gummow, Anthony Murray Gleeson and Robert French.
Sources:
InmediaHK, #Mar30;
https://bit.ly/3LqiLrr
HKFP, #Mar31
https://hongkongfp.com/2022/03/31/australian-canadian-judges-to-stay-on-hong-kong-top-court-after-2-uk-judges-quit-citing-security-law/
-----
Related articles
Barrister #PaulHarris Leaves Hong Kong After Being Approached by National Security Police
https://t.me/guardiansofhongkong/32345
Hong Kong Watch, the first overseas organisation accused of National Security Violations
https://t.me/guardiansofhongkong/32404
.
獨立媒體
韋彥德、賀知義辭任終院非常任法官 稱不願為港府背書 | 獨媒報導 | 獨立媒體
【獨媒報導】終審法院現時有12名海外非常任法官，特首林鄭不時以此強調香港司法獨立，惟12席法官去留出現變數。英國最高法院今宣布，英國最高法院院長及副院長韋彥德勳爵及賀知義勳爵，辭去香港終審法院非常任法官職務，即時生效。韋彥德在聲明指，《港區國安法》實施後不時權衡終院工作與英國國家利益，最終認為若繼續出任工作，將難免予人感覺正為一個遠離自由民