British judges have resigned from serving in Hong Kong’s top courts due to an erosion of democracy and liberty caused by a sweeping national security law imposed by China.
Since the national security law was imposed by Beijing, authorities have been cracking down on “free speech, free press and free association”, according to UK Foreign Secretary Liz Truss.
Saying the situation had reached “a tipping point” and that failure to withdraw UK judges could risk “legitimising oppression”, she supported the withdrawal of Lord Reed, President of the Supreme Court and Lord Reed of Allermuir.
The decision was made by Ms Truss after discussions with Justice Secretary Dominic Raab and Lord Reed.
Serving British judges continued to sit on Hong Kong courts as part of the British government’s obligations to Hong Kong undertaken in 1997 when the territory was returned by the UK to China.
In June 2020, Beijing imposed the national security law on Hong Kong.
Carrie Lam, Hong Kong’s chief executive, claimed that, as a result of the law, “chaos has ended and social order has been restored”.
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But critics say the law has crushed Hong Kong’s traditional freedoms and that 117 people were arrested in the first year after it was introduced, including 50 pro-democracy figures detained for holding a primary vote, described by authorities as a “vicious plot” to subvert the government.
British judges may have been asked to rule on any cases brought under the law.
Mr Raab said: “Since 2020 and the introduction of the national security law, our assessment of the situation of Hong Kong is that it has shifted too far from the freedom that we hold dear – making free expression and honest critique of the state a criminal offence.
“This flies in the face of the handover agreement we have had with China since 1997 and, having discussed at length with the Foreign Secretary and the President of the Supreme Court, we regretfully agree that it is no longer appropriate for serving UK judges to continue sitting in Hong Kong courts.
Read more on Hong Kong:
Hong Kong pro-democracy news outlet shuts down after police raid and arrests
More Hong Kong universities remove Tiananmen Square massacre memorials
Western nations express ‘grave concern’ over erosion of freedoms
“I thank our judges for being a bastion of international rule of law in Hong Kong over the past 25 years.”
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Other retired British judges, no longer members of the Supreme Court, still sit on the Hong Kong Court of Final Appeal.
Sky News understands that it was their decision whether to continue to serve in light of the Supreme Court’s and government’s announcement.
One of those judges, Lord Sumption, declined to comment when asked by Sky News whether he would resign.
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