Amid growing calls for dissent against China’s crackdown on dissent in Hong Kong, a third British judge, Lord Nicholas Phillips, has left the top Hong Kong Court of Final Appeal. His departure follows the resignations of Lord Jonathan Sumption and Lord Lawrence Collins in June due to the “political situation” in Hong Kong. This exodus of judges raises concerns about the independence of Hong Kong’s judiciary amidst a crackdown on pro-democracy activists.
The resignations come as more than 1,800 political prisoners have been detained in Hong Kong since mass protests in 2019, with the introduction of the 2020 national security law criminalizing acts of subversion. Despite the challenges, British and other overseas judges have served on the court since 1997 as part of an agreement to uphold the rule of law and reassure businesses.
However, concerns have been raised about judges like Lord Neuberger, who upheld the conviction of pro-democracy activist Jimmy Lai. Critics accuse Western judges of legitimizing a justice system compromised by Beijing. As the crisis in Hong Kong unfolds, the departure of these judges highlights the complex intersection of law, politics, and human rights in the region.
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