Hong Kong's political, legal system has deteriorated beyond acceptable point for British judges to serve in top court: UK foreign minister
The United Kingdom has found Hong Kong's political and legal system to have deteriorated beyond an acceptable point for British judges to sit on the city's top appeal court, the country's foreign minister has said in her latest six-monthly report.
In the paper covering July to December last year and submitted to the British parliament on Thursday, Liz Truss revealed it was her administration that made the move a day before to pull its last two serving judges from Hong Kong's Court of Final Appeal, following discussions with the deputy prime minister and lord chancellor, as well as the president of the Supreme Court.
The resignations of lords Robert Reed and Patrick Hodge, which Hong Kong Chief Executive Carrie Lam Cheng Yuet-ngor said was "disturbing" and "politically planned", sent shock waves across the city's legal and political circles.
Do you have questions about the biggest topics and trends from around the world? Get the answers with SCMP Knowledge, our new platform of curated content with explainers, FAQs, analyses and infographics brought to you by our award-winning team.
At least eight of the 10 remaining foreign judges at the city's top court said on Thursday they would stay put.
Five British judges - lords Jonathan Sumption, David Neuberger, Leonard Hoffmann, Nicholas Phillips and Lawrence Collins - confirmed their intention to remain in a joint statement, while three Australians justices, William Gummow, Anthony Gleeson and Robert French, told the Post of their similar decision.
Truss blamed the national security legislation Beijing had imposed on the city in 2020 for not only violating Hong Kong's high degree of autonomy promised under its mini-constitution the Basic Law and the Sino-British Joint Declaration, but also requiring the judiciary to enforce the central government's laws and values.
"Such laws are not aligned with UK values. By taking this decision, we are standing up for the principles of freedom and democracy," she said in the report published every six months since the 1997 return of Hong Kong to Chinese rule.
The paper is expected to draw swift rebukes from Beijing and the local government.
The national security law, which bans acts of subversion, secession, terrorism and collusion with foreign forces, took effect in June 2020, a year after the city was rocked by months of social unrest.
Truss said in her report the security legislation saw opposition stifled and dissent criminalised, with alternative voices in the city's executive and legislative branches, as well as in civil society and the media extinguished.
She added that the law had devastated Hong Kong's civil society, as individuals and groups had been forced to disband or self-censor, fearing arrest and imprisonment.
She went on to accuse Hong Kong authorities of repeatedly taking direct and unwarranted action against pro-democracy media outlets such as Stand News, with more of such agencies forced to close. Truss argued this left almost no independent media in the city.
In December, Stand News dismissed all staff and shut down after national security police arrested seven employees and individuals linked to the online news platform for publishing material alleged to be seditious and stirring hatred against the government.
The second half of last year saw some of Hong Kong's largest pro-opposition groups disbanding. These included the Civil Human Rights Front, the Alliance in Support of Patriotic Democratic Movements of China, the Professional Teachers' Union, and the Confederation of Trade Unions.
Turning to the Beijing-imposed electoral changes in Hong Kong, Truss said these had eliminated meaningful opposition in the legislature and undermined confidence in the city's political institutions.
Two key elections were also held in the second half of last year after Beijing's "patriots-only" political shake-up.
The Election Committee poll took place in September to pick some 1,500 members to the powerful body tasked with selecting the city's next leader in a coming race set for May 8.
Committee members were also involved in selecting lawmakers to the legislature last December, in a poll devoid of any opposition candidates as members of the camp chose to sit out the event.
This article originally appeared on the South China Morning Post (SCMP).
Copyright (c) 2022. South China Morning Post Publishers Ltd. All rights reserved.
