The resignation of a respected foreign judge from Hong Kong’s top court would further undermine foreign countries' confidence in the city’s judicial system that has recently been targeted by authorities, said a Hong Kong legal scholar.

At least three aspects in the resignation of Australian judge James Spigelman from the Court of Final Appeal earlier this month were out of normal procedure, according to University of Hong Kong principal law lecturer Eric Cheung.

Spigelman appeared to be in good health but did not make an official statement to explain his decision, Cheung said during a talk-show on public broadcaster RTHK on Monday.

Neither the judiciary nor Chief Executive Carrie Lam had explained to Hongkongers why Spigelman — a non-permanent judge — had quit. Lam also deviated from the usual practice of paying tribute to outgoing judges for their contribution after Spigelman had resigned, Cheung said.

Spigelman told the Australian Broadcasting Corporation last week that he resigned “for reasons related to the national security legislation,” without elaborating further.

His resignation sent shockwaves through local and international communities. British MP and former leader of the Conservative Party Sir Iain Duncan Smith weighed in saying that Beijing’s continuous crackdown on Hong Kong’s freedoms and autonomy was “exposing decent people to intolerable structures.”

If the national security law was indeed the reason behind Spigelman’s resignation, it would further tarnish the confidence that foreign countries had in Hong Kong’s judicial system, and the government could do little to help by merely issuing a statement to stress its commitment on the matter, Cheung said.

He said both the Hong Kong and mainland governments had recently been weakening the city’s judicial independence in a series of moves, such as their recent denial of separation of powers between Hong Kong’s executive, judiciary and legislature.

At the crux of the issue was a discrepancy in how Hong Kong and the mainland viewed and interpreted judicial independence, Cheung added.

There have been suggestions that Hong Kong could consider appointing Singaporean judges as non-permanent judges. Cheung had reservations about the idea, saying those appointed in Hong Kong were internationally recognized judges from Australia, Britain and Canada while Singaporean judges did not yet carry the same legal reputation.

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