British judge staying 'so long as I can do good'

British non-permanent judge David Neuberger will remain on the bench of Hong Kong's top court although three of his colleagues have either resigned or decided not to extend their term.

Neuberger, who was president of the Supreme Court of the United Kingdom from 2012 to 2017, refused to bow to pressure to step down and is one of the three British non-permanent judges to remain in the Court of Final Appeal.

"My feeling is that so long as I can do good by being there and so long as I think that I might cause harm by leaving, I want to stay and support my judicial colleagues in Hong Kong and support the rule of law as long as I can," Neuberger said.

Neuberger, 76, said he understood the views of those who suggest that foreign judges should leave the city's top court, and he is not suggesting that fellow British judges Jonathan Sumption and Lawrence Collins were wrong to leave the Court of Final Appeal.

He said he is aware of the "boiling frog syndrome," adding: "It is a matter of individual assessment as to when the water gets too hot."

Sumption said in an interview with the BBC that the 35+ subversion case was the "final straw on the camel's back," prompting his resignation.

Sumption believed the ruling reflected that some judges would ensure the effectiveness of Beijing's pressure on the democrats and that Beijing can override the court rulings by interpreting the law.

He thought all the judges on the court felt concerned about this, "but they differ on the degree of optimism they have about the way the presence of foreign judges on the court might moderate the persecutory zeal of the authorities."

He said staying would not alleviate the problems in the city, which have been aggravating over the past four years and have aroused concerns among judges.

Sumption also wrote in British daily newspaper Financial Times that "the rule of law in HK is in grave danger."

The article drew criticism from the State Council's Hong Kong and Macau Affairs Office Wednesday night.

"It is a shame on Sumption for him to turn his back on professionalism ... as well as his colleagues as a world-renowned veteran judge, which not only left people stunned and shocked, but also left himself in shame, sorrow and disgrace," the office said.

"He will definitely be in endless regrets for his choice to be on the wrong side of history," it added.

Seven overseas non-permanent judges remain on Hong Kong's top court, which has been halved from 14 overseas judges before the Beijing-drafted national security law was implemented in 2020.

The number will further drop as Canadian non-permanent judge Beverley McLachlin has already told Chief Justice Andrew Cheung Kui-neng she will retire after her term ends on July 29.