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#Court #Statement #UK
National Security Law severely threatens judicial independence and rule of law in Hong Kong

Robert Reed, Baron Reed of Allermuir, is a non-permanent judge in Hong Kong Court of Final Appeal. He recently disclosed that the two places of non-permanent judges from UK in the Hong Kong Court of Final Appeal has been reduced to one this year and no case has been scheduled for him.

He stated the Hong Kong Court of Final Appeal would do their best to protect judicial independence bestowed by the Hong Kong Basic Law. However, whether judges in the Supreme Court of U.K. can continue to serve Hong Kong depends on whether Hong Kong can maintain its judicial independence.

After the statement released by Geoffrey Ma, the Chief Justice of Hong Kong Court of Final Appeal, this is the second statement issued by a judge from the Hong Kong Court of Final Appeal.

In the agreement between U.K. and Hong Kong since 2009, the Supreme Court of the UK appoints two judges as non-permanent judges in Hong Kong Court of Final Appeal. They handle civil and commercial cases as well as those involved human rights and the freedom of speech.

Source: Apple Daily #Jul18
#RobertReed

#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 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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