Britain withdraws its judges from Hong Kong’s highest courts
The opposition is in jail. Hong Kong authorities want its"patriots-only" election to look legitimate.
Currently, two British judges serve on the Court of Final Appeal. Both of them resigned from the Hong Kong court on Wednesday, in tandem with the British government’s announcement. Hong Kong’s highest court, the Court of Final Appeal, is composed of permanent judges and other nonpermanent judges that can come from any Common Law jurisdiction. Hong Kong, a former British colony, inherited the common law system which it kept even after the 1997 handover to China under the “one country, two systems” framework.
The withdrawal of the two British judges “are votes of no confidence to the whole political and legal environment after the National Security Law,” said Eric Lai, the Hong Kong Law Fellow at the Center for Asian Law in Georgetown University.Common law jurisdictions include Australia, Canada and New Zealand, and judges from all those countries have sat on the Court of Final Appeal as nonpermanent judges.
Lord Robert Reed, who is also the president of Britain’s Supreme Court, said in a statement announcing his resignation Wednesday that the judges of the Supreme Court “cannot continue to sit in Hong Kong without appearing to endorse an administration which has departed from values of political freedom, and freedom of expression.
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