London Daily

Focus on the big picture.
Monday, Mar 09, 2026

Hong Kong bar pleads with foreign judges to keep serving

Hong Kong bar pleads with foreign judges to keep serving

Hong Kong’s bar association has appealed to foreign judges not to abandon the city’s highest court in the wake of the national security law, saying their absence threatened the legal system’s credibility in the eyes of the international community.
Philip Dykes, the head of the association, said serving on Hong Kong’s Court of Final Appeal was a personal question of conscience for foreign judges, but their “high calibre” was “an ornament to the justice system”.

Mr Dykes made the comments after James Spigelman, a retired Australian judge, resigned as a non-permanent judge and as political pressure builds in the UK on judges to stop serving in Hong Kong.

Lord Reed, the president of the UK Supreme Court who also serves on the Hong Kong court, said the role of British judges was under review in light of the new law.

Beijing’s decision to enforce the national security law on Hong Kong has ignited concerns over whether the city’s respected judiciary would remain independent.

The law targets collusion, subversion and foreign interference with punishments of up to life in prison. It has been criticised for removing the legal firewall that separates Hong Kong from the rest of China by allowing suspects to face mainland courts.

There have also been fears that the security law would undermine Hong Kong’s claim to be Asia’s premier financial centre. Analysts have warned that anything that compromised the territory’s legal system would spook global firms based in the city.

Mr Dykes, who sits on a committee of lawyers and government officials who recommend appointments of non-permanent judges for confirmation by the city’s chief executive, has pleaded with judges from the UK, Australia and Canada to continue serving.

“Lord Neuberger [a former president of the UK’s Supreme Court who served in Hong Kong as a non-permanent judge] made a speech saying . . . the NPJs are the canaries in the coal mine,” Mr Dykes told the Financial Times. “You know what the canaries do, they drop dead at the first whiff of carbon monoxide gas.”

Mr Dykes said Mr Spigelman’s resignation and any further departures of NPJs would lead to the international community concluding that there was something “seriously amiss” in Hong Kong.

While other NPJs such as Robert French, a former Australian High Court Chief Justice, said they would not resign, one NPJ told the Financial Times that they agreed with Lord Reed that their continued service depended on how the national security law was applied.

Two of the British judges who sit on the Hong Kong Court of Final Appeal have confirmed they are still members. Lord Phillips, a former president of the UK’s Supreme Court, confirmed to the FT he remained a member of the court while Lord Hoffman, a former Law Lord, said he was not aware of any other imminent resignations.

“I am at present scheduled to sit in the [Court of Final Appeal] in November and, Covid permitting, I shall come,” Lord Hoffman said.

No serving UK judge has been scheduled to sit in Hong Kong before November this year.

On Monday, the Hong Kong government announced the appointment of Lord Patrick Hodge, a Scottish jurist and UK Supreme Court deputy, to the city’s Court of Final Appeal.

Chief executive Carrie Lam said NPJs helped “maintain a high degree of confidence in [Hong Kong’s] legal system”.

Pui-yin Lo, a barrister who specialises in constitutional and human rights law, said the reputation of the legal sector was at stake if the territory failed to recruit NPJs.

Foreign judges serve “as the litmus test” for Hong Kong’s common law system to retain the respect of common law jurisdictions, he said.
Newsletter

Related Articles

0:00
0:00
Close
Trump Declines UK Offer to Deploy Aircraft Carriers to Middle East Amid Iran Conflict
Prince Harry and Meghan Markle to Return to Australia After Seven Years for Philanthropic and Business Engagements
UK Government Signals Independence From Washington as Cooper Says Britain Does Not Agree With Trump on Every Issue
UK Experts Warn AI Chatbots Are Fueling Surge in Claims of Organised ‘Satanic’ Ritual Abuse
UK Political Parties Divided Over Strategy as Iran Conflict Reshapes Foreign Policy Debate
Britain Discloses Secret Military Repair Hubs Operating Inside Ukraine
Trump Says US No Longer Needs UK Carrier Support After Delayed Offer Amid Iran Conflict
Why Britain Has Become Involved in the US-Israel Military Campaign Against Iran
UK Gas Storage Falls to Under Two Days as Iran Conflict Jolts Global Energy Markets
UK Warned to Brace for Economic Shock as Iran War Drives Global Energy Price Surge
Starmer and Trump Hold First Call After Public Dispute Over Iran Conflict
UK Dentists Returned £1.3 Billion to Government as Shift Toward Private Care Accelerates
Expert Warns UK Must Build Emergency Food Stockpiles to Prepare for Climate Shocks or War
UK Plans Charter Flight to Evacuate British Nationals from Gulf as Regional Conflict Disrupts Air Travel
Families of Zimbabwe’s Liberation Fighters Call on Britain to Help Locate Skulls Taken During Colonial War
Iran’s Ambassador Warns Britain to ‘Be Very Careful’ Over Deeper Role in Expanding Middle East War
UK Military Leadership Defends Britain’s Defensive Role in Expanding Middle East Conflict
Four U.S. Strategic Bombers Arrive in Britain as Iran War Intensifies
Soham Murderer Ian Huntley Dies After Violent Attack in High-Security Prison
UK Lawmakers and Experts Condemn Scale of Overseas Human Remains Held in British Museums
Royal Navy Aircraft Carrier HMS Prince of Wales Placed on Standby for Potential Deployment
United Kingdom Confirms U.S. Military Using British Bases for Operations Targeting Iranian Missile Sites
Starmer Defends UK Role in Iran Conflict After Renewed Criticism from President Trump
Blue Owl Reveals £36 Million Exposure After Collapse of UK Lender Serving Wealthy Clients
UK Asylum Reform Plan Triggers Fierce Debate Over Border Control and Humanitarian Impact
US Stealth Bombers Head to UK Base as Trump Issues Stark Warning to Iran
UK Deputy Prime Minister Says Legal Case Could Exist for British Strikes on Iranian Missile Sites
Investigators Link Mysterious Parcel Fires Across Europe to Russian Intelligence Operation
Debate Intensifies Over Britain’s Legal Justification for US Military Operations Launched From UK Bases
Britain Faces Heightened Energy Price Risks as Iran-Linked Tensions Threaten Global Oil and Gas Supplies
British Counter-Terror Police Arrest Four Suspected of Spying on Jewish Community for Iran
Axel Springer Agrees $770 Million Deal to Acquire Britain’s Daily Telegraph
Iceland Supermarket Drops Trademark Challenge Against Icelandic Government in Long-Running Naming Dispute
UK Defence Secretary Visits Cyprus Following Scrutiny of Britain’s Response to Drone Attacks
Questions Grow Over Britain’s Military Readiness as Response to Iran Conflict Draws Scrutiny
UK Offers Failed Asylum Seeker Families Up to Forty Thousand Pounds to Leave Voluntarily
Saharan Dust Could Bring ‘Blood Rain’ to Parts of the UK as Weather Systems Shift
UK Deploys Additional Typhoon Fighter Jets to Qatar and Helicopters to Cyprus Amid Rising Middle East Tensions
Experts Urge Britain to Accelerate Renewable Energy Push as Global Conflicts Drive Up Costs
British Public Shows Strong Reluctance to Join Wider War in Iran
First UK Evacuation Flight Departs Middle East After Lengthy Delay
United Kingdom Imposes New Visa Requirements on Travelers from St. Lucia and Nicaragua
Iran Conflict Strains U.S.–U.K. Alliance as Trump and Starmer Clash Over Military Strategy
UK Interest Rates Could Rise Above Four Percent Again if Energy Shock Continues, Think Tank Warns
Starmer Defends Britain’s Iran Strategy as Badenoch Urges Stronger Military Support
Labour MP Says She Saw No Sign Husband Broke Law After Arrest in China Espionage Investigation
UK Jobless Rate Overtakes Italy’s for First Time in Years as Labour Market Weakens
United Kingdom Suspends Student Visas for Four Countries in Unprecedented Immigration Move
Campaigners Warn UK Student Visa Ban Could Push Migrants Toward Dangerous Channel Crossings
First U.K. Charter Flight for Stranded Nationals Set to Depart Oman Amid Middle East Crisis
×