UK judge castigated by pro-Beijing politicians after quitting top Hong Kong court
The former president of Britain’s Supreme Court has been lambasted by pro-Beijing lawmakers on Monday after saying she would resign from Hong Kong’s top court and expressing doubts about the Beijing-imposed national security law.
The decision of Madam Justice Brenda Hale to resign from Hong Kong’s Court of Final Appeal was an attempt to “smear Hong Kong,” said Holden Chow, a lawmaker in the city’s assembly that is now dominated by pro-Beijing members following the mass resignation of the pro-democracy camp opposition.
The U.S.-led “Five Eyes” security alliance — including Australia, Canada, New Zealand and the United Kingdom — has attacked China in recent years, and some foreign judges have “cooperated with British politicians” to criticize the national security law, he said.
The attack on Hale, and other foreign judges in Hong Kong, were made during a debate about the replacement of another judge, former vice president of the Court of Appeal Johnson Lam, who was promoted to the Court of Final Appeal as a permanent judge.
Chow, who is also a lawyer, suggested that when the government appoints judges in the future, it should look more closely into any comments they may have made about the national security law: “If [the judges] have already shown a strong prejudice, this situation will put us at risk.”
The 76-year-old Hale’s decision to step down as a non-permanent judge may have been influenced by politicians back home, lawmakers said.
Junius Ho suggested the government should be a “political gatekeeper” when deciding the appointment of judges, and avoid relying on overseas jurists to minimize the risk of any sudden resignations.
The pro-Beijing camp’s attacks on Hale brought shame to Hong Kong, said former pro-democracy lawmaker Alan Leong.
“If you criticize a person who is widely respected and well-known in the world, you will only reveal your ignorance and make Hale’s departure become a focus,” Leong said.
Hale said last week that she would step down as a non-permanent judge of Hong Kong’s Court of Final Appeal after her term expires at the end of July, according to a report from British newspaper The Times. This was despite Hong Kong authorities expecting to offer her another stint, the report said.
She was not the first overseas jurist to leave the Hong Kong judiciary following the implementation of the national security law last June, which many regarded as dealing a sledgehammer blow to the already-dwindling civil liberties in the former British colony.
Former Australian judge James Spigelman became the first foreign judge to resign from the Court of Final Appeal as a non-permanent judge, citing concerns over the national security law. The Hong Kong government revoked his appointment last September, two years early.
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