UK judges resign from HK court
Lord Collins quits because of ‘political situation in Hong Kong’
A British judge has resigned from the Hong Kong Court of Final Appeal.
Lord Collins of Mapesbury, a former justice of the UK Supreme Court and a member of the Hong Kong court since 2011, said today:
I have resigned from the Court of Final Appeal because of the political situation in Hong Kong, but I continue to have the fullest confidence in the court and the total independence of its members.
The remaining non-permanent judges from the United Kingdom are:
Lord Hoffmann
Lord Neuberger
Lord Phillips of Worth Matravers
Lord Sumption
None is still serving as a judge in the United Kingdom.
Lord Reed, who is president of the UK Supreme Court, and Lord Hodge, his deputy, resigned from the Hong Kong court in March 2022. Reed said a week later:
As everybody knows, there has been a gradual erosion in political freedom and consequently in freedom of speech in Hong Kong, which became progressively and noticeably worse in the latter part of last year and the early part of this year…
I felt the time had come when we had to call it a day in the interests of the values that we represent.
Asked about the remaining UK part-time members of the Hong Kong court, all of whom were former members of the UK Supreme Court or its predecessor, Reed said:
They’re not in the same position, I think, as a serving judge exercising public power in the UK.
Hoffmann, Neuberger and Phillips hold the Gold Bahinia Star, a senior award in the honours system of Hong Kong. It’s understood that Collins declined the honour when it was offered to him by the then chief executive, Carrie Lam.
He will continue to practise from London as an international arbitrator.
Update 1500: My story has been confirmed by the Financial Times, which adds that Lord Sumption has also resigned from the court.
The former Supreme Court justice promised to make a statement “in due course”.
I understand that the two resignations were co-ordinated in advance. I have updated the headline to this piece.
Update 7 June 0600: for reaction to my report, see the Hong Kong Free Press.
Update 11 June: Neuberger told the Bar conference why he is staying on the court:
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…
It’s a matter of individual assessment as to when the water gets too hot.
Sumption told the Financial Times why he left:
Hong Kong, once a vibrant and politically diverse community is slowly becoming a totalitarian state. The rule of law is profoundly compromised in any area about which the government feels strongly…
I remained on the court in the hope that the presence of overseas judges would help sustain the rule of law. I fear that this is no longer realistic.