Editorial | Hong Kong should keep faith in rule of law despite departure of judges
- The exit of two top British judges for political reasons may be cause for regret, but the legal system will not collapse without them because it has its own talented justices
Britain’s withdrawal of two leading judges from Hong Kong’s top court marks the end of an era. Judges from the United Kingdom have served with distinction in the city for almost 25 years.
Their departure is a cause of sadness and regret. This drastic move was driven by politics rather than legal considerations, and it will not help the city’s independent judiciary or rule of law and may be counterproductive.
The decision has also needlessly provoked Beijing at a time when the West is seeking its support over Russia’s invasion of Ukraine.
The presence of overseas judges on the Court of Final Appeal is a key feature of arrangements Britain and China put in place for the 1997 handover. It is underpinned by the Basic Law, the city’s mini-constitution.
Beijing’s agreement was seen as a sign of its commitment to Hong Kong’s common law system. That commitment was recently affirmed by senior official Xia Baolong.
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Hong Kong, Beijing condemn UK withdrawal of judges from city’s top court over security law concern
Robert Reed, president of the UK’s Supreme Court, in announcing his resignation and that of his deputy Patrick Hodge, stated: “The courts in Hong Kong continue to be internationally respected for their commitment to the rule of law.”