Hong Kong says UK judges’ resignations were ‘politically motivated’

Hong Kong leader Carrie Lam

(Picture: Getty Images)

The departure of British judges from Hong Kong’s court of appeal was “politically motivated”, Carrie Lam has said.

Robert Reed and Patrick Hodge announced their resignation from Hong Kong’s court of final appeal on Wednesday.

Ms Lam, Hong Kong’s chief executive, said the pair had been put under political pressure to leave during a press conference on Thursday.

She said: “The resignations are politically motivated. They have been put under political pressure and that is a kind of political manipulation.”

In a statement, Mr Reed said he could no longer continue to serve in the court in an administration which has “departed from political freedom” following the introduction of the security law and subsequent clamp down on protests.

Foreign secretary Liz Truss said it was “no longer tenable” for serving UK judges to sit in Hong Kong’s top court due to the erosion of human rights and democratic freedoms.

Speaking after the departure of the two judges, Ms Lam added: “I remain very confident that we still have very fine judges in the judiciary, both local and from overseas.

“Hong Kong will continue to benefit significantly.”

British judges have served in Hong Kong’s judiciary since the territory was returned in 1997, but the Foreign Office argued that China had used the legislation “to undermine the fundamental rights and freedoms of the people of Hong Kong”.

Police special tactical squad detain a protester (C) in Wanchai, Hong Kong on May 24, 2020 (AFP via Getty Images)

The Foreign, Commonwealth and Development Office also said the security law constituted a breach of the 1984 Sino-British Joint Declaration that paved the way for the handover.

Ms Truss said: "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.

"The situation has reached a tipping point where it is no longer tenable for British judges to sit on Hong Kong’s leading court, and would risk legitimising oppression.

"I welcome and wholeheartedly support the decision to withdraw British judges from the court."

In September 2020, Australian judge James Spigelman, resigned from the court of final appeal due to the security law.

The law, which was passed in June 2020, punishes any act of secession, subversion, terrorism or any collusion with foreign or external forces.

Key provisions also allow some trials to be heard behind closed doors while those suspected of breaking the law may be put under surveillance.

Earlier this month, Paul Harris, a leading human rights lawyer left Hong Kong after being questioned by police and was forced to step down as chairman of the Bar Association in January.