June
2024
Lord Jonathan Sumption, a former overseas judge, resigned from Hong Kong’s Court of Final Appeal, writing in the Financial Times that Hong Kong is “slowly becoming a totalitarian state” and that its rule of law is “profoundly compromised”.
According to Sumpton, the freedom of action of judges in Hong Kong has been severely restricted since the imposition of the National Security Law and the revival of the defunct colonial law against sedition. Sumption explained his resignation by noting that the hope of sustaining the rule of law in Hong Kong was “no longer realistic”, describing the conviction of 14 pro-democracy leaders under National Security Law as the “last straw.”
Immediately after the article was published, the HKSAR government issued a press release, rejecting the claim that there is a decline in Hong Kong’s rule of law and judicial independence. The government also accused Lord Sumption of attempting to “interfere with the judicial process” by pressuring the Court of Appeal.
Summary
The presence of overseas judges hailing from Commonwealth countries has long been seen as a pillar upholding the British-style common law system in Hong Kong.
Since the imposition of the National Security Law in Hong Kong, however, several overseas judges have successively resigned from their positions. In 2022, following two British judges stepping down from the court, the remaining overseas judges at the time, including Lord Sumption, issued a joint statement defending their position, stating that their “continued participation” was “in the interest of the people of Hong Kong”. Two years later, however, Lord Sumption, along with two other overseas judges, resigned from the court. The judges’ change of heart indicates the continued deterioration of the legal environment in Hong Kong, in which the rule of law, judicial independence, and the entire common law system are under attack.
Seven overseas judges will remain after this wave of resignation, and their positions remain a matter of controversy as the rule of law continues to deteriorate. As it becomes increasingly clear that the overseas judges can no longer effectively defend Hong Kong’s legal tradition under an increasingly oppressive atmosphere, it is likely that their presence will in fact only provide cover for HKSAR authorities’ encroachment on the city’s legal system.
Analysis
