Hong Kong: Resigning UK Judge Says City's Rule of Law 'Compromised'

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Facts

  • Jonathan Sumption, one of two British judges who resigned from Hong Kong's Court of Final Appeal last week, has warned that the city 'is slowly becoming a totalitarian state.'1
  • In an opinion piece published in the Financial Times on Monday, the non-permanent overseas judge alleged that the rule of law in Hong Kong has been 'profoundly compromised in any area about which the government feels strongly.'2
  • Sumption further claimed that Hong Kong authorities were paranoid about political dissent, adding the Beijing-backed National Security Law 'severely limits' judicial independence.3
  • He and Lawrence Collins — both former justices of the UK Supreme Court — stepped down after 14 activists were convicted on subversion charges in the Hong Kong 47 case.4
  • On Monday, former chief justice of the Supreme Court of Canada, Beverley McLachlin, announced that she will also quit Hong Kong's top appeals court when her term expires next month — expressing confidence in her colleagues and their independence.5
  • With these departures, Hong Kong's Court of Final Appeal now has seven overseas non-permanent judges from common law jurisdictions — three British and four Australians.6

Sources: 1Guardian, 2Independent, 3Abc, 4BBC News, 5Reuters and 6The Japan Times.

Narratives

  • Pro-China narrative, as provided by China Daily HK. Sumption's claims that Hong Kong is becoming a totalitarian city or that the rule of law is decimated are baseless, politically motivated, and a betrayal of Hong Kong's judges. The city's Basic Law mandates that prosecution and judiciary work independently without any interference. The top court is determined to uphold the rule of law — especially the national security law, which is crucial to maintaining order in Hong Kong.
  • Anti-China narrative, as provided by WWW. These resignations challenge the PRC's narrative that the presence of foreign justices helps sustain Hong Kong's rule of law. After it's clear that the city's national security law is being used to crack down on political dissent, the remaining judges must desist from operating in an oppressive environment — and giving China a false sense of legitimacy. They must resign to maintain the integrity of the legal profession and the independence of the courts.

Predictions