UK Top Court May Stop Sending Judges To Hong Kong

The president of the UK Supreme Court in London, Lord Reed of Allermuir, has hinted that its judges may no longer be able to serve in Hong Kong if Beijing's national security law for the SAR undermines judicial independence here.

"The Supreme Court 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," Lord Reed said in a statement on the court's website.

"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."

Following the handover in 1997, the Hong Kong Court of Final Appeal became the SAR's highest court and, under Article 82 of the Basic Law, judges from other common law jurisdictions could be invited to sit, as required.

Since then, two serving judges from the UK's top court have been available, though the Court of Final Appeal also includes retired judges from the UK and from other common law jurisdictions, including Australia and Canada.

"The new security law contains a number of provisions which give rise to concerns. Its effect will depend upon how it is applied in practice. That remains to be seen," Lord Reed said.

"Undoubtedly, the judges of the Court of Final Appeal will do their utmost to uphold the guarantee in Article 85 of the Hong Kong Basic Law that 'the Courts of the Hong Kong Special Administrative Region shall exercise judicial power independently, free from any interference.'"

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

"I don't think there should be any ground for concern about the appointment of judges, and I don't think there will be any change in the judicial system in the long, long time to come. It's all enshrined and protected under the Basic Law," Cheung said.

"In fact, one of the cardinal principles in designing and drawing up the National Security Law is to preserve Hong Kong's core values and to ensure that 'one country, two systems' will progress steadily and smoothly in the years ahead."

Currently, Lord Reed is the only serving judge provided under the agreement, as the other, Lady Hale, has retired from the Supreme Court. She has not yet been replaced on the Hong Kong court and no serving UK judge has been scheduled to sit in Hong Kong this year.