Losing UK Judges Would Be Disastrous For HK: Expert

A Hong Kong legal expert has expressed alarm after the president of the UK's Supreme Court, Robert Reed, said its judges may no longer be able to serve in Hong Kong if the national security law undermines the city's judicial independence.

Lord Reed, who also serves as a non-permanent judge for the SAR's Court of Final Appeal, said continuing such a service would depend on whether this remains compatible with judicial independence and the rule of law.

Professor Simon Young from the University of Hong Kong’s Faculty of Law warned that losing access to UK Supreme Court judges could have a ripple effect that would be "disastrous" for the SAR's judicial system.

“No doubt if the serving judges are going to stop coming, it would probably affect the retired judges’ decision as well”, he said.

“It is of course of great concern because if these illustrious and quite distinguished foreign judges stop coming to Hong Kong, it would send quite a negative signal around the globe about the state of our justice system."

"Even if it is now not warranted, unfortunately I think such a move would have a rather disastrous message and could really hit the confidence that people might have in our justice system," he added.

Young said the government should send out a loud and clear message to both Hong Kong and the international community that the national security law will be implemented with restraint, and only under exceptional and very serious circumstances.

He added that the authorities should also make clear that human rights and the rule of law will be properly upheld.

Executive councillor Regina Ip, meanwhile, said it was “understandable” for Lord Reed to express concern, adding that his comments are bound to have “some impact” on the justice system. However, she did not elaborate.

Ip called on both the government and the chief justice to explain the controversial legislation in order to alleviate people's concerns, saying the law has a high legal threshold for prosecution and will not be abused.

Earlier, Chief Secretary Matthew Cheung said Hong Kong's judicial independence is enshrined in the Basic Law and is something that will be preserved.