Judge David Neuberger, a UK judge who was part of the panel that denied media tycoon Jimmy Lai and six other democrats an appeal over a 2019 protest, has decided to withdraw from his position on an advisory board to an international press freedom NGO. Neuberger, who was the chair of the High Level Panel of Legal Experts on Media Freedom at the International Bar Association’s Human Rights Institute (IBAHRI), made the announcement in a statement published by IBAHRI on Thursday.
Neuberger expressed his gratitude to the panel and stated that he had been considering stepping down for some time due to concerns about his position as a non-permanent Judge in Hong Kong. He believed that it was important for the focus to remain on the critical work of the High Level Panel and did not want his role in Hong Kong to detract from that. As a result, Neuberger felt it was best to resign from his position on the advisory board, and a successor would be announced in due course.
The decision comes after Neuberger was part of the panel of judges who unanimously rejected the appeal of Jimmy Lai and the six other democrats, upholding their convictions for knowingly taking part in an unauthorized assembly on August 18, 2019. Despite their argument that the conviction was disproportionate to the protection of their basic human rights, the panel ruled against them.
The Hong Kong government supported the top court’s decision, stating that while citizens have the right to peaceful assembly and procession conducted in accordance with the law, these rights must be exercised in conformity with relevant legislation to ensure the safeguarding of national security, public order, public safety, and the protection of the rights and freedom of others.
Aside from the protest case, Jimmy Lai, the founder of Hong Kong’s now-defunct Apple Daily newspaper and a prominent supporter of the city’s democracy movement, is facing accusations of violating the Beijing-imposed national security law. If convicted, he could potentially face life in prison. Lai is currently on trial for two counts of taking part in a conspiracy to collude with foreign forces under the security legislation, as well as for conspiring to publish seditious materials.
In June, Neuberger had previously stated that he would remain as a top court judge to support the rule of law in Hong Kong to the best of his ability. This decision came as other British judges had resigned from the apex court, citing concerns about the political situation and making strong criticisms of Hong Kong’s judicial system. Neuberger’s resignation from the advisory board of the international press freedom NGO adds another layer of complexity to the ongoing legal and political issues in Hong Kong.
Impact of Neuberger’s Withdrawal
Neuberger’s decision to withdraw from his position on the advisory board of the international press freedom NGO has raised questions about the implications for media freedom in Hong Kong and beyond. As a respected legal figure with experience in both the UK and Hong Kong, Neuberger’s involvement in the panel had been seen as a valuable asset in promoting media freedom and advocating for legal reforms.
However, with concerns about his position as a non-permanent Judge in Hong Kong overshadowing his role, Neuberger felt it was necessary to step down to prevent any distractions from the critical work of the High Level Panel. The timing of his resignation, following the rejection of Jimmy Lai and the other democrats’ appeal, has sparked speculation about the broader implications for the rule of law and judicial independence in Hong Kong.
Challenges Facing Media Freedom in Hong Kong
The denial of the appeal for Jimmy Lai and the six other democrats has highlighted the challenges facing media freedom in Hong Kong. The convictions for participating in an unauthorized assembly have raised concerns about the shrinking space for dissent and the erosion of basic human rights in the city. The use of the national security law to stifle free speech and suppress dissent has further exacerbated tensions between the government and pro-democracy activists.
The ongoing legal battles faced by Jimmy Lai, including the accusations of colluding with foreign forces and publishing seditious materials, have underscored the risks associated with speaking out against the authorities in Hong Kong. The closure of Apple Daily, a prominent pro-democracy newspaper, has also sent a chilling message to journalists and media outlets in the city about the consequences of challenging the government’s actions.
International Response and Solidarity
The international community has expressed concern about the deteriorating situation in Hong Kong and the implications for media freedom and democracy. Neuberger’s resignation from the advisory board of the international press freedom NGO has drawn attention to the need for continued support for journalists and activists facing repression in the city. Solidarity with Hong Kong’s pro-democracy movement remains crucial in the face of escalating pressure from the authorities.
As the legal and political landscape in Hong Kong continues to evolve, the role of the international community in advocating for human rights, press freedom, and the rule of law will be more important than ever. Neuberger’s decision to step down from his position on the advisory board serves as a reminder of the challenges facing those who seek to uphold these values in the face of increasing restrictions and threats to their independence.
In conclusion, the withdrawal of Judge David Neuberger from his position on the advisory board of the international press freedom NGO has raised important questions about the state of media freedom in Hong Kong and the broader implications for the rule of law and judicial independence. As the city grapples with ongoing legal battles and restrictions on free speech, the international community must continue to show solidarity with those fighting for democracy and human rights in Hong Kong.
