There is only one UK judge currently serving at the Hong Kong Court of Final Appeal, and judicial independence as well as rule of law are cornerstones of Hong Kong society, which are guaranteed by the Basic Law, a spokesperson of the Hong Kong Special Administrative Region (HKSAR) judicial system was quoted as saying in media reports on Saturday, after the UK’s top judge said the UK would assess whether UK judges should serve in HKSAR courts.
Robert Reed, a non-permanent judge of the Hong Kong Court of Final Appeal from the UK, came to serve in the court in 2017, according to the court’s official website. He is currently president of the UK’s Supreme Court.
The judges include non-permanent judges of the Court of Final Appeal from common law jurisdictions whose immense contribution to HKSAR has also been acknowledged by the HKSAR government, and this point has already been made by the Chief Justice of Court of Final Appeal on July 2, the spokesperson said. Currently, the Court of Final Appeal has 14 non-permanent judges from other common law jurisdictions, of whom nine are from the UK, four are from Australia and one is from Canada.
“The independence of the legal system and rule of law are fundamentals of Hong Kong society, which is also protected by the Basic Law,” the spokesperson said.
Although the Chief Justice of Court of Final Appeal said that judges of foreign nationality will not be excluded as the national security law for Hong Kong comes into effect, some local legal experts pointed out that Hong Kong’s legal system and judiciary have always adhered to the principle that conflict of interests should be avoided.
Judges who have dual nationality or have made a pledge to another country are not fit to hear national security cases, according to some legal experts.
Hong Kong citizens celebrate the passage of the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (HKSAR) in Causeway Bay of south China’s Hong Kong, June 30, 2020. (Photo: Xinhua)
