UK Judge Neuberger Reconsiders Role on International Media Freedom Panel
David Neuberger, a UK judge who recently participated in a panel that denied media tycoon Jimmy Lai and six other democrats an appeal over a 2019 protest, is now contemplating his position on an advisory board for an international press freedom NGO. The International Bar Association’s Human Rights Institute (IBAHRI) disclosed that Neuberger, who serves as an Overseas Non-Permanent Judge of the Court of Final Appeal, will soon release a statement regarding his role as Chair of the High Level Panel of Legal Experts on Media Freedom.
The High Level Panel advises the Media Freedom Coalition, comprising 51 countries, with the aim of advancing media freedom through various means such as advocacy, diplomatic interventions, legal reforms, events, and funding. Neuberger’s potential reconsideration comes in light of his continuing role in the Hong Kong Court of Final Appeal, prompting him to review his position as Chair of the High Level Panel in consultation with his Deputy Chairs. While awaiting Neuberger’s decision, the High Level Panel will carry on its essential work within the Media Freedom Coalition under the guidance of its Deputy Chairs.
On Monday, a judgement was delivered in the case involving prominent democracy figures Martin Lee, Margaret Ng, Jimmy Lai, Albert Ho, Lee Cheuk-yan, “Long Hair” Leung Kwok-hung, and Cyd Ho. The individuals lost their appeal to overturn convictions for participating in an unauthorized assembly on August 18, 2019. Neuberger was part of the panel of judges that unanimously dismissed the democrats’ argument claiming that their conviction was disproportionate to the protection of their fundamental human rights.
According to the judgement, the defendants’ proposition was deemed unsustainable and contrary to established principles governing constitutional challenges in Hong Kong. The court asserted that the conviction was proportionate and aligned with accepted principles for assessing such matters. The Hong Kong government subsequently expressed support for the top court’s decision, emphasizing the importance of exercising rights to peaceful assembly and procession within the bounds of the law to maintain national security, public order, public safety, and the rights and freedoms of others.
In the wake of the judgement, concerns have been raised about the implications for freedom of assembly and press freedom in Hong Kong. Jimmy Lai, known for his role in Hong Kong’s democracy movement and as the founder of the now-defunct Apple Daily newspaper, is facing charges under Beijing’s national security law. The 76-year-old could potentially receive a life sentence if convicted on counts related to collusion with foreign forces and publishing seditious materials.
Amid the ongoing legal challenges and restrictions in Hong Kong, calls for upholding fundamental freedoms have intensified. Michael Caster, Asia Digital Program Manager at UK rights NGO Article 19, urged Neuberger to resign from his position in response to the recent ruling. Caster highlighted the erosion of the rule of law in Hong Kong and criticized foreign justices like Neuberger for their involvement in decisions that undermine fundamental freedoms in the region.
Despite the criticisms and calls for resignation, Neuberger previously stated his commitment to supporting the rule of law in Hong Kong through his role as a top court judge. As the situation in Hong Kong continues to evolve, the role of international legal experts and the decisions they make will play a significant role in shaping the landscape of media freedom and democracy in the region.
Implications for Media Freedom
The developments surrounding Judge Neuberger’s reconsideration of his role on the international media freedom panel have sparked discussions about the broader implications for press freedom and democracy in Hong Kong. The Media Freedom Coalition, which relies on the expertise and guidance of legal experts like Neuberger, plays a crucial role in advocating for media freedom and supporting journalists in challenging environments.
Challenges to Press Freedom
The recent legal rulings in Hong Kong, including the denial of appeals for prominent democracy figures and the targeting of individuals like Jimmy Lai under national security laws, have raised concerns about the shrinking space for free expression and dissent in the region. As international organizations and legal experts grapple with the implications of these developments, the need to uphold press freedom and protect journalists becomes increasingly urgent.
Role of International Legal Experts
The role of international legal experts in promoting media freedom and upholding democratic values has come under scrutiny in light of recent events in Hong Kong. Judge Neuberger’s potential decision to step down from his position on the media freedom panel reflects the complex ethical considerations that legal professionals face when navigating political landscapes that impact fundamental rights and freedoms.
In conclusion, the evolving situation in Hong Kong underscores the importance of safeguarding press freedom and upholding democratic principles in the face of ongoing challenges and restrictions. International cooperation and advocacy for media freedom remain crucial in supporting journalists and defending the right to free expression in an increasingly complex and contentious global environment.
