Time to review Hong Kong use of foreign judges: Britain MP
A prominent British politician and former leader of the Conservative Party has called for a review of Hong Kong’s system of appointing foreign judges, saying the city’s national security law has “exposed decent people to intolerable structures.”
Iain Duncan Smith, now a British member of parliament, made the remarks after veteran Australian judge James Spigelman resigned from his post as a non-permanent judge with Hong Kong’s Court of Final Appeal two years before the end of his term.
Australia’s national broadcaster quoted Spigelman as saying that he had quit for reasons “related to the content of the national security legislation.”
Smith said the future of the 13 Commonwealth judges remaining on the Hong Kong bench should be examined because the judiciary in countries such as the United Kingdom and Australia was able to reach decisions without fear or external pressure.
“That is the question – to what degree will these independent judges just give cover to what is a totalitarian regime?” he told Australian newspapers Sydney Morning Herald and The Age on Friday.
He added that the current situation was “exposing decent people to intolerable structures.”
Hong Kong’s national security law, which bans secession, subversion, terrorism and collusion with foreign forces, has drawn concern from legal circles locally and abroad.
Senior judges told Reuters before the security law came into effect in late June that “the independence of Hong Kong’s judicial system is under assault from the Communist Party leadership in Beijing.”
Simon Young, a University of Hong Kong law professor, urged the government to make public a list of appointed judges working on national security cases to put a stop to speculation that the city did not welcome foreign judges.
“The ball is clearly now in the government’s court to assure the public it still supports the system of foreign judges on Hong Kong’s apex court,” he told Reuters.
Chief Secretary Matthew Cheung said on Saturday that he hoped the Hong Kong community would respect Spigelman’s resignation and not speculate on it or criticize the move.
The day before, Chief Executive Carrie Lam announced the withdrawal of her appointment of Spigelman in an order backdated to Sept. 2, the day he resigned.
The revelation meant Spigelman had quit a day after Lam declared that separation of powers between the executive, judicial and legislative arms of government was non-existent in Hong Kong.
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