Top UK Judge Appointed To Court Of Final Appeal

The deputy president of the UK Supreme Court, Lord Patrick Stewart Hodge, has been appointed as a non-permanent judge from another common law jurisdiction of the Court of Final Appeal.

In a statement, Chief Executive Carrie Lam said she accepted the recommendation of the Judicial Officers Recommendation Commission, and described the Scottish-born Lord Hodge as "a judge of eminent standing and reputation".

In a statement, Lam pointed out that with the appointment of Hodge, Hong Kong will have 14 judges from the United Kingdom, Australia and Canada acting as non-permanent judges.

"The presence of these esteemed non-permanent judges manifests the judicial independence of Hong Kong, helps maintain a high degree of confidence in our legal system, and allows Hong Kong to maintain strong links with other common law jurisdictions," she said.

The Chief Justice, Geoffrey Ma, also welcomed the appointment, saying the increase in non-permanent judges will provide greater flexibility in dealing with the caseload of the Court of Final Appeal.

Hodge, who became the deputy president of the UK Supreme Court in February this year, is also an honorary professor at Shanghai's East China University of Political Science and Law.

His appointment comes in the wake of the resignation of former Australian judge James Spigelman from the top court last month.

Justice Spigelman had reportedly told Australian media that he had resigned for reasons “related to the content of the national security legislation”.

In the days following Spigelman's resignation, Lam gave assurances that Hong Kong’s legal system is “as robust as ever”, adding that Spigelman did not provide any specific reason or consideration for resigning.

The enactment of national security law by Beijing earlier this year has raised questions about the role of Hong Kong judiciary and its independence under the One Country, Two Systems principle, with some countries – notably the United States and Britain – raising concerns about it.

In a statement issued a few days after the law was enacted, the UK Supreme Court said it "supports the judges of Hong Kong in their commitment to safeguard judicial independence and the rule of law".

"It will continue to assess the position in Hong Kong as it develops, in discussion with the UK Government. Whether judges of the Supreme Court can continue to serve as judges in Hong Kong will depend on whether such service remains compatible with judicial independence and the rule of law," the statement had said.

The judiciary has also been caught in a controversy about the separation of powers between the three branches, the executive, the legislature and the judiciary, with Lam and other government officials saying there is no such thing in the Basic Law.

But legal experts and the Bar Association dispute this.

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