Sitting UK judges resign from the Hong Kong Court of Final Appeal

Today, two senior UK judges who sit on the UK Supreme Court have resigned from the Hong Kong Court of Final Appeal. This follows the announcement by the UK Foreign Secretary and Justice Secretary that they no longer support sitting UK judges serving on Hong Kong’s highest court.

Lord Reed, the President of the UK Supreme Court, and Lord Hodge a Supreme Court Justice, resigned following a statement from the UK Government which said that “the situation has reached a tipping point where it is no longer tenable for British judges to sit on Hong Kong’s leading court, and would risk legitimising oppression”.

The resignation of the two of the most senior judges in the UK from Hong Kong’s Court of Final Appeal, follows the UK-based NGO Hong Kong Watch becoming the first foreign organisation to be targeted under the National Security Law.

Following his resignation, Lord Reed, the President of the UK Supreme Court, said:

“The courts in Hong Kong continue to be internationally respected for their commitment to the rule of law. Nevertheless, I have concluded, in agreement with the government, that the judges of the Supreme Court cannot continue to sit in Hong Kong without appearing to endorse an administration which has departed from values of political freedom, and freedom of expression, to which the Justices of the Supreme Court are deeply committed.”

Commenting on the resignations, Benedict Rogers, Hong Kong Watch’s Chief Executive Officer, said:

"Today's news reflects the sad reality that the National Security Law has torn apart the human rights and constitutional safeguards which made Hong Kong meaningfully autonomous. The British judges ongoing presence was providing a veneer of legitimacy for a fundamentally compromised system, and the British government is right to have taken steps to recall them.

The two judges who have resigned have done the right thing and we hope all remaining foreign judges will follow suit."