local authorities accuse Western governments

In reality, those who left office cited personal reasons or described how the situation in the city has changed with the security measures imposed by Beijing. The Undersecretary of Justice, Horace Cheung Kwok-kwan, spoke today of “undue pressure” from the West.

Hong Kong () – Hong Kong Undersecretary of Justice Horace Cheung Kwok-kwan accused Western governments of exerting “undue pressure” on foreign judges serving in the city’s judicial system, and stated that such interference have led to the resignation of some of them.

The criticism was due to the recent resignations of Nicholas Addison Phillips, a British judge at the Court of Final Appeal. Philips, in office since 2012, is the third British judge to resign from Hong Kong’s highest court in recent months and the fifth foreign judge to leave this year, reports the South China Morning Post.

In June, British judges Jonathan Sumption and Lawrence Collins resigned, stating that political conditions in Hong Kong had changed after Beijing’s imposition of the security law. In an opinion piece for GuardianSumption described the city’s situation as “a state that is slowly becoming totalitarian.” Collins had also said he was leaving office due to the city’s political situation.

In response, the Hong Kong government published a denial rejecting accusations of political pressure on local courts and criticizing Sumption for “abandoning” his fellow judges.

Deputy Secretary Cheung said today that “in recent years we have observed that some foreign countries, particularly the United States and the United Kingdom, have put undue pressure on our non-permanent judges. Some have decided to resign for various personal reasons, but both those who have left and those who remain in office have always shown great respect and appreciation for the rule of law in Hong Kong.” He added: “I hope that these foreign politicians stop attacking or attempting to undermine our rule of law.”

Phillips, 86, decided not to renew his term, which ended last Monday, citing personal reasons. Before him, Australian Anthony Gleeson, 88, had not renewed his position, which expired on February 29, while Canadian Beverley McLachlin, 80, had retired on July 29.

The Court of Final Appeal is composed of three permanent judges and a maximum of 30 non-permanent judges from any foreign jurisdiction where Common Law applies (jurisdiction to which Anglo-Saxon countries generally refer). Hong Kong is authorized to hire foreign judges under Basic Law, the city’s mini-constitution.

Currently the number of foreign judges serving on the Court of Final Appeal has been reduced to six, down from 15 in June 2020. Of the remaining six judges, two (David Edmond Neuberger and Leonard Hubert Hoffmann) are from United Kingdom, while four others – William Montague Charles Gummow, Robert French, Patrick Anthony Keane and James Leslie Bain Allsop – are Australian.