British judges in Hong Kong leave to protest security law

Two British judges are giving up their seat to the Supreme Court in protest against the strengthening of the security law in Hong Kong. They say they do not want their presence to be used to legitimize anti-democratic measures.

The highest court in the metropolis has 14 members: four from Hong Kong itself, the rest from other parts of the Commonwealth. This configuration was agreed upon when the former British Crown colony was returned to China in 1997. This was to ensure that the rule of law would continue to exist under Chinese rule.

Supreme Justice Robert Reed and her second husband Patrick Hodge say the enhanced security law introduced after the 2020 protests undermines safeguards. Beijing, critics say, has used the law to block opposition in Hong Kong: many dissidents have been jailed or fled, civil rights groups have been shut down and the press has been subdued.

“I don’t want to give the impression that I support a government that erodes political freedoms and free speech,” Reed said in a statement. He and Hodge resigned effective immediately yesterday.

Tipping point

The UK Foreign Secretary backs the judges. “Freedom and democracy have been systematically dismantled in Hong Kong. Since the introduction of this law, authorities have restricted freedom of speech, freedom of the press and the right to assembly.”

“We have reached a tipping point. If the UK judges stay now, we are legitimizing repression.”

Four other foreign Supreme Court judges, from Canada and Australia, remain in office. One says Hong Kong’s judiciary remains independent and “perhaps the last bastion of democracy” in Hong Kong. The other judges of the court, all British, have not yet commented on the departure of their colleagues.

Hong Kong chief executive Carrie Lam says the judges have come under political pressure and speaks of political manipulation. She also says she regrets Reed and Hodge’s decision.