Hong Kong Watch welcomes the resignation of Canadian and British judges from Hong Kong’s Final Court of Appeal

Hong Kong Watch welcomes the recent decisions of foreign judges, including former Canadian Chief Justice Beverley McLachlin and UK judges Lord Jonathan Sumption and Lord Lawrence Collins, to resign from Hong Kong’s Court of Final Appeal. Their resignations are the correct response to the growing concerns over the erosion of judicial independence and the rule of law in Hong Kong.

Beverley McLachlin, who has served as a non-permanent judge on Hong Kong’s Court of Final Appeal since 2018, has announced that she will not seek to extend her term. In a statement, Ms McLachlin noted that she is now 80 years old and she will end her term as scheduled in late July.

Ms McLachlin’s announcement follows the resignation of British judges Lord Jonathan Sumption and Lord Lawrence Collins last week. Describing Hong Kong as “slowly becoming a totalitarian state”, Lord Sumption cited the inability of overseas judges to help sustain the rule of law as a reason for his resignation.

This follows long-standing calls from Hong Kong Watch to call on foreign judges to withdraw from Hong Kong’s highest court. 

Benedict Rogers, co-founder and Chief Executive Officer of Hong Kong Watch, said:

“Overseas judges in Hong Kong must reconsider their role given the deteriorating rule of law in the city. To serve in a judiciary that is losing its independence is to lend prestige to a system that continues to lose its legitimacy – the remaining judges from the UK and Australia should immediately follow suit and resign.”

香港監察歡迎加英香港終審法院非常任法官離任

近日外籍法官相繼辭任或退任香港終審法院非常任法官，當中包括前加拿大首席大法官麥嘉琳（Beverley McLachlin）、英國法官岑耀信勳爵（Lord Jonathan Sumption）和郝廉思勳爵（Lord Lawrence Collins），香港監察歡迎做法。外界對香港司法獨立與法治受損的憂慮日增，他們離任是正確回應。

麥嘉琳自2018年起擔任香港終審法院非常任法官，日前宣布不會續任。麥發表聲明指，她年屆80歲，將在7月底任期屆滿後退任。

麥嘉琳宣布離任前，英國法官岑耀信勳爵和郝廉思勳爵上星期請辭。岑其後撰文，形容香港「正慢慢變成極權社會」（slowly becoming a totalitarian state），並指辭職原因為海外法官無法幫助維持法治。

此前香港監察長期呼籲外籍香港終審法院法官退任。

香港監察共同創辦人兼行政總監羅傑斯（Benedict Rogers）表示：

「鑒於香港法治不斷惡化，香港海外法官必須重新思考自己的角色。在正失去獨立性的司法機構任職，等同為持續失去合法性的制度增添威信。其餘留任的英國和澳洲法官應該立即效法，辭去職務。」