Hong Kong rule of law ‘profoundly compromised’ – British judge

The rule of law in Hong Kong is profoundly compromised in areas of the law where the government has strong opinions, a British judge who recently resigned from the top Hong Kong appeals court said on Monday, June 10.

Jonathan Sumption is one of two British judges who resigned last week shortly after a landmark verdict in which 14 prominent democratic activists were convicted for subversion amid a national security crackdown on dissent.

Some Hong Kong lawyers say the resignations and highly rare criticism challenge the assumption long held by some legal professionals that having foreign jurists on Hong Kong’s top court helps protect the city’s international image.

Explaining his eventual decision to resign, Sumption said: “I remained on the court in the hope that the presence of overseas judges would help sustain the rule of law. I fear that this is no longer realistic. Others are less pessimistic. I hope that they are proved right.”

The Hong Kong government on Monday rejected Sumption’s concerns, saying Hong Kong’s courts remained free from political pressure.

“Anyone who suggested otherwise, no matter what the reasons or motives may be, would be utterly wrong, totally baseless, and must be righteously refuted,” the statement said.

Another judge on the court, Beverley McLachlin, announced on Monday that she would step down when her three-year term expired on July 29.

McLachlin’s statement expressed confidence in her peers’ independence and “determination to uphold the rule of law”.

Writing in the Financial Times, Sumption said judges’ freedom had been curtailed by security laws, that China was willing to reverse court decisions if it did not like them, and that Hong Kong authorities were paranoid about political dissent.

“Hong Kong, once a vibrant and politically diverse community, is slowly becoming a totalitarian state. The rule of law is profoundly compromised in any area about which the government feels strongly,” Sumption wrote in an editorial published on the Financial Times website.

Britain, which handed Hong Kong back to China in 1997, has said security law that punishes offenses like subversion with up to life imprisonment has been used to curb dissent and freedoms. Chinese and Hong Kong authorities say the law is necessary and has brought stability. – Rappler.com