The Hong Kong government has defended the independence of its judiciary in response to criticism from former top court judge Lord Jonathan Sumption. Sumption recently stated in a podcast that he left the Court of Final Appeal due to concerns that the Judiciary was too partial to the government, particularly in criminal cases. He pointed to the guilty verdict for 14 out of the 16 pro-democracy figures in the 47 democrats case as evidence of the Judiciary’s bias towards Beijing.
In a rebuttal, a government spokesperson emphasized that Hong Kong’s courts operate independently and uphold the rule of law. The spokesperson dismissed Sumption’s comments as biased, stating that judges conduct trials impartially and without political influence. The government asserted that the rule of law in Hong Kong remains intact and has not deteriorated in any way.
Sumption’s departure from the Court of Final Appeal is part of a larger trend, with five foreign judges leaving the top court this year. The presence of international judges has traditionally lent credibility to Hong Kong’s legal system, rooted in common law. However, the recent exodus of foreign judges, including Sumption and Briton Nicholas Phillips, raises questions about the future composition of the judiciary.
In addition to his concerns about judicial independence, Sumption also criticized a recent sedition verdict involving Stand News editors. He argued that restricting the ability of newspaper editors to criticize the government undermines free speech. In response, the government spokesperson reiterated that news practitioners must comply with the law but are not prohibited from criticizing the government as long as they do so within legal boundaries.
The ongoing debate over judicial independence and freedom of speech in Hong Kong reflects broader concerns about the erosion of civil liberties in the city. As political tensions continue to escalate, the role of the judiciary in upholding the rule of law and protecting fundamental rights remains a topic of intense scrutiny. The departure of foreign judges from the Court of Final Appeal underscores the challenges facing Hong Kong’s legal system and the need to uphold principles of transparency, accountability, and independence in the face of mounting pressure.
