UK 'weaponizing judicial influence'

Wallis Wang

The United Kingdon has been "weaponizing" its judicial influence against Hong Kong and China, Chief Executive John Lee Ka-chiu says after recently resigned Court of Final Appeal non-permanent judge Jonathan Sumption said the city is turning into a "totalitarian" regime and the rule of law is "in grave danger."

The administration voiced its displeasure yesterday, saying it disagrees with the British judge's personal comments.

In an opinion piece published in the Financial Times on Monday, entitled "The rule of law in Hong Kong is in grave danger," the high-profile Lord Sumption said Hong Kong's judges "have to operate in an impossible political environment created by China" as he noted "a growing malaise in the Hong Kong judiciary."

Lee said Sumption's opinions contradict his views in 2021, when the judge refused to take part in the political boycott by the British government of the Hong Kong judiciary, saying "democracy and rule of law should not be confused."

Lee added: "His latest statement indicates that he does not like the political situation in Hong Kong. But this is exactly the area he has told us in 2021 that should not be confused with the rule of law."

Lee said people who are trying to damage the rule of law in Hong Kong are the UK government, politicians and some anti-China media.

"They openly threatened to impose sanctions on judges before, during and after trials. These are blatant attempts to attack the rule of law in Hong Kong," Lee said, insisting the administration "has never and will not interfere" in the judicial process.

"Some UK officials and politicians try to weaponize the UK's judicial influence to target China and Hong Kong. We should not allow it to happen."

Lee said "judges' professional expertise is not politics" and they are entitled to their personal political preferences, but their professional duty is to interpret and apply laws based on legal principles and evidence.

He said judges are "abandoned by a few of their overseas counterparts" and have been "unfairly treated" by someone with whom the judges used to work.

Canadian non-permanent judge Beverley McLachlin, meanwhile, will retire from the Court of Final Appeal after her term ends next month, making her the third overseas judge to quit in a week after Sumption and Lawrence Collins.

McLachlin said she decided to retire as she is nearly 80 years old, adding she has confidence in the court's independence.

Chief Justice of the Court of Final Appeal Andrew Cheung Kui-nung said any suggestion that judges' decisions have been influenced is a "serious allegation that must be duly substantiated and should not be lightly made."

Cheung added that the judiciary "respects everyone's right to have their views, but opinions voiced publicly could amount to pressure on or interference with the courts' administration of justice and should be expressed, if at all, with the greatest circumspection."

The Hong Kong Bar Association said it remains confident in the independence of the judiciary.

Newly elected Law Society of Hong Kong president Roden Tong Man-lung said Hongkongers' freedom of speech is protected by the Basic Law, and he is confident that judges will fulfill their duties.

Legal sector lawmaker Ambrose Lam San-keung said the departing judges maintain their confidence in Hong Kong's rule of law, which should remain independent of politics.

Hong Kong should invite more overseas judges to maintain connections with other common law jurisdictions so that the public will continue to have faith in the system, Lam said.

wallis.wang@singtaonewscorp.com