vinegarA few years ago, Lord Neuberger Judge of the Hong Kong Court of Appeal The former Chief Justice of the UK has called for foreign judges in the Chinese region toCanary in the mineTheir willingness to serve is evidence that judicial independence is intact, but “if they start quitting in droves, it will be a serious wake-up call,” he said.
That was before the extraordinary 2019 riots to defend Hong Kong’s autonomy and the subsequent crackdown. The draconian 2020 national security law led to the resignation of an Australian judge and two British judges in 2022. Last week, two more birds flew in: Lord Sapteon and Lord Collins of Mapesbury. Lord Sapteon (along with other judges) had said he would continue to stand up for the interests of the people of Hong Kong. Now he To tell He said the hope of maintaining the rule of law was “no longer realistic.” [once] “Hong Kong’s vibrant and politically diverse community is slowly becoming a totalitarian state,” he said, citing illiberal laws, Beijing’s ability to overturn Hong Kong court decisions and a repressive political environment in which judges are expected to demonstrate “patriotism.”
The exodus from Hong Kong comes after 14 people were found guilty of plotting subversion in the region’s largest national security trial. Two were acquitted, but 31 others have already pleaded guilty. Among the “Hong Kong 47” are: The most famous in the region Activists, politicians and academics, including Joshua Wong, law professor Tai Hongqi and lawmakers Mo Yufan and Leung Kwok-hung, known as “the long hairs.”
Their crime was peaceful political activism, and holding informal primaries to select pro-democracy candidates for the Legislative Council’s elective seats, with the goal of electing enough lawmakers who could demand universal suffrage and other concessions in exchange for approving the government’s budget. Hong Kong’s mini-constitution, the Basic Law, makes universal suffrage the “ultimate aim” and explicitly states that the Legislative Council can veto the budget. If it is rejected twice, the Chief Executive must resign.
Three government-selected judges ruled that the plan amounted to “seriously obstruct, disrupt or undermine” government operations through “unlawful means”, and said unlawful means were not limited to criminal acts. All those convicted – many of whom have been in custody for more than three years – are currently awaiting sentencing, and could face life in prison. Another high-profile trial involving national security, that of Hong Kong publisher Jimmy Lai, is still ongoing.
Hong Kong Chief Executive John Lee said said Describing Lord Saption’s comments as “completely devoid of truth,” the Hong Kong government has denounced Western criticism of the Hong Kong 47 attacks as “false, slanderous and defamatory.” But it is difficult to see how foreign judges can be anything more than a cover for an unfair system. The Hong Kong government may be somewhat concerned that foreign companies are drawing their own conclusions about the state of the rule of law. The real blow to this great city is that many Hong Kongers now believe they can only thrive elsewhere.
