Hong Kong has issued a sharp response to a British judge’s resignation from the territory’s top court, raising concerns about the integrity of the rule of law following the recent conviction of 47 pro-democracy figures.
Jonathan Sumption, one of two British judges who stepped down from the Court of Final Appeal last week, expressed apprehension about the judicial landscape in Hong Kong in the wake of the landmark conviction. Sumption cited challenges faced by judges operating within what he described as an “impossible political environment created by China.”
The conviction of the 47 individuals, found guilty of subversion for organizing an unofficial primary, marked the largest trial under the National Security Law, imposed by Beijing in 2020. Sumption highlighted concerns about the security law and revived colonial-era sedition laws, which he deemed as severely restricting judicial freedom.
The Hong Kong government swiftly rejected Sumption’s assertions, vehemently denying any pressure on the judiciary from Beijing or a decline in the rule of law since the city’s handover to Chinese sovereignty in 1997. Chief Executive John Lee emphasized the independence of prosecutorial and adjudication powers, reaffirming their protection under Hong Kong’s Basic Law.
Lee also criticized what he perceived as attempts by UK officials to exploit judicial influence against China and Hong Kong, noting that a judge’s political preferences should not interfere with their professional duties.
The resignations of Sumption and Lawrence Collins, another British judge, come amid ongoing political upheaval in Hong Kong. Mass protests in 2019 evolved into calls for democracy and were met with the imposition of the National Security Law in 2020. Subsequent tightening of election rules and arrests of pro-democracy figures have further fueled tensions.
The role of overseas judges in Hong Kong’s legal system has come under scrutiny, with former Canadian Chief Justice Beverley McLachlin announcing her departure amid debates over judicial independence. While Hong Kong operates under common law, unlike mainland China, concerns persist about the erosion of legal autonomy in the territory.
As the debate over the rule of law continues, Hong Kong faces a pivotal moment in its legal and political evolution, with implications reaching far beyond its borders.