UK’s top judge will quit Hong Kong’s top court if he can ‘no longer serve in good conscience’
The president of the U.K.’s Supreme Court has said he would step down from the bench of the top Hong Kong court if he “could no longer in good conscience serve there.”
Lord Reed of Allermuir had indicated earlier that he would make a decision soon as to whether he would continue to serve as a non-permanent judge of the Court of Final Appeal.
The Supreme Court supports Hong Kong judges “in their commitment to safeguard judicial independence and the rule of law,” and would continue to assess the situation, Reed said following the enactment of the national security law last year. The new law “contains a number of provisions which give rise to concerns” and its effect would depend upon how it is applied, he said.
He said at an online hearing hosted by the U.K. parliament on Wednesday that he has been in close contact with the British foreign secretary and lord chancellor for some time, and that they would regularly review the operation of the agreement of sending judges to Hong Kong in light of the developments there. He expects the next meeting to be held shortly.
“You can be assured that I won’t allow the Supreme Court’s reputation to be put at risk,” he told the Constitution Committee of the House of Lords via video link.
Asked if there were circumstances where he might have to reconsider his position, Lord Reed replied: “If there’s any undermining of the independence of the Hong Kong judiciary, or if it’s expected to act contrary to rule of law, or it’s simply the situation in Hong Kong became one where we could no longer in good conscience serve there, then I will no longer be prepared to serve, or nominate other judges of the court to serve there.”
The Hong Kong Bar Association and the Hong Kong Law Society, as well as the pro-democracy spokesmen, all support British judges’ continued involvement in the city, Lord Reed said.
“I feel we have a responsibility to the people of Hong Kong,” he said.
Lord Reed’s term in Hong Kong would end in May 2023, after it was extended for three years by Chief Executive Carrie Lam last year together with the terms of two other overseas judges.
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