Hong Kong’s former governor, Chris Patten, has denounced as “unjust” the city’s highest court’s decision to uphold the convictions of Jimmy Lai and other prominent pro-democracy activists for taking part in peaceful protests in 2019.
Hong Kong’s appeals court on Monday unanimously agreed to uphold the convictions of seven activists who took part in unauthorized protests in 2019 that brought 1.7 million people, about a quarter of Hong Kong’s population, into the streets in opposition to Beijing’s crackdown.
The panel that upheld the guilty verdict also included Sir David Neuberger, one of three remaining British judges serving as part-time judges in the former British colony.
Lord Patten, who served as Hong Kong’s last British governor until the city’s handover to China in 1997 and is now a patron of Hong Kong Watch, said Monday’s ruling “reveals a rapid deterioration of the rule of law in Hong Kong.”
He added: “This unjust ruling is compounded by the fact that Lord Neuberger, a former Chief Justice of the UK Supreme Court, was involved in this ruling. This is particularly surprising because, while he was a UK judicial officer, Lord Neuberger was keen to establish that English common law was capable of addressing fundamental aspects of the protection of human rights.”
“He has also always maintained that judges should be keen to explain the reasons for their decisions. In this case, his outlook on the law may have changed somewhat between the first-class lounge at Heathrow and the arrivals terminal at Hong Kong International Airport.”
Monday’s ruling focused on whether the convictions were consistent with the defendants’ fundamental rights outlined in the city’s Bill of Rights, including the rights to freedom of expression and assembly. In his decision, Judge Neuberger said the chief justices had “fully and impressively” considered those issues.
Neuberger is a former Chief Justice of the UK Supreme Court and chairs the legal advisory committee for the Media Freedom Union, and is also a trustee of Prisoners Abroad, a charity that supports British prisoners overseas.
One of the defendants in Monday’s appeal is former media tycoon Jimmy Lai, a 76-year-old British national who is being tried separately on charges of violating national security. The UK explained Lai’s detention has been described as “politically motivated”. Britain and human rights groups have called for his release, who has been held in custody since December 2020.
December, Media Freedom Coalition said The indictment of Lai, former publisher of the pro-democracy newspaper Apple Daily, has had a “chilling effect” on Hong Kong.
In recent months, pressure has been growing for Justice Neuberger and Hong Kong’s two remaining British overseas non-permanent judges to resign. In June, Sir Jonathan Sumption and Sir Laurence Collins resigned from their Hong Kong seats, followed by Canadian Justice Beverley McLachlin. Justice Sumption said at the time that Hong Kong was “increasingly becoming a totalitarian state” and that “the rule of law has been seriously eroded.”
Mr Sapteon said it was “no longer realistic” to think the presence of overseas judges would help uphold the rule of law in Hong Kong.
Mark Sabah, president of the Hong Kong Committee for Freedom, said it was “shameful and a disgrace” that Neuberger still sits in court.
Overseas judges visit Hong Kong on an ad-hoc basis and are usually paid around £40,000 for each visit, which lasts for 29 days.
Neuberger said in June that he wanted to continue working in Hong Kong because of the city’s “excellent, independent judicial system.”
On Monday, the convictions of Lai, as well as veteran democracy activists Margaret Ng, Albert Ho, Martin Lee, Leong “Long Hair” Kwok Hung, Lee Cheok Yan and Sid Ho were also upheld.
Neuberger did not immediately respond to a request for comment.
