London Daily

Focus on the big picture.
Saturday, Sep 19, 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
Addison Lee Founder Loses £20.5 Million Non-Domicile Tax Case
BrewDog Creditors Face Heavy Losses After Collapse
Thirteenth Metropolitan Police Officer Dismissed Over Charing Cross Conduct
Oxfordshire Village Votes Symbolically to Leave UK Over Asylum Accommodation Plan
NHS Approves Life-Extending Treatment for Women With Incurable Breast Cancer
Software Defect Blamed for Major UK Air Traffic Disruption
Twenty Women Underwent Unnecessary Mastectomies at County Durham NHS Trust
British Steel Costs Taxpayers £1.3 Million a Day as MPs Demand Long-Term Plan
UK Parliament Advances Sovereign Grant Reform Setting Royal Funding at £99.9 Million
King Charles Urges Human-Centred Approach to Artificial Intelligence at Scotland Summit
House of Lords Begins Scrutiny of Voting-Age and Political Finance Reforms
UK Labour Market Shows Growing Divide Between Younger and Older Workers
Nearly Seven in 10 UK Small Businesses Delay or Cancel Growth Plans as Costs Rise
Andy Burnham Reaffirms UK Net-Zero Target Amid North Sea Energy Debate
UK Parliament Demands Credible Financial and Decarbonisation Plan for British Steel
MPs Urge Government to Reject Thames Water Rescue Deal and Prepare Special Administration
Bank of England Holds Rate at 3.75% as Energy Shock Raises Inflation Risks
TUC Calls for Social Energy Tariff Funded by Higher Taxes on Bank Profits
UK Parliament Enters Conference Recess After Advancing Sovereign Grant Legislation
King Charles Hosts Artificial Intelligence Leaders at Dumfries House Summit
Nearly Seven in Ten UK Small Businesses Delay or Cancel Growth Plans as Costs Rise
Anthropic Details Malicious Use of Claude in Cyber, Weapons and Influence Operations
McLaren Announces £500 Million UK Investment and 1,000 New Jobs
Scotland and Wales Sign Cardiff Agreement to Deepen Cooperation on Shared Policy Priorities
UK Government Moves to Fully Fund Teacher Pay Award as Strike Threat Recedes
UK Competition Regulator Deepens Scrutiny of Microsoft’s Business Software and AI Market Position
NHS England Reforms Focus on Cutting Waiting Lists and Improving Digital Care
England Maintains Mandatory Housing Targets in Push for 1.5 Million New Homes
UK Government Plans Statutory Industrial Strategy Council to Strengthen Long-Term Economic Policy
Asthma Charity Warns of Major Gaps in Childhood Diagnostic Testing Across England
TUC Chief Paul Nowak Appointed to Bank of England Court
Bristol Opens £35 Million Deep-Tech Innovation Hub at Temple Quarter
Oxfordshire Village Votes Symbolically to Leave UK Over Asylum Housing Plan
Andy Burnham Deepens UK Defense and AI Cooperation With NATO and Canada
UK Government Announces Neonatal Safety Reforms After Thirlwall Inquiry
Bank of England Weighs Rate Decision as UK Inflation Rises to 3.1%
UK Health Unions Warn of Staffing Pressures as Public and Private Pay Growth Diverges
Rockstar Games Faces Tribunal Claims From 23 Former Grand Theft Auto VI Developers
UK Treasury Faces Tighter Budget Constraints as Borrowing Costs and Pension Spending Rise
Prime Minister Andy Burnham Sets Out Ten-Year Plan for Greater Public Oversight of Utilities
UK Economy Grows 0.4% in July as Services and Technology Activity Strengthen
Scotland, Wales and Northern Ireland Leaders Coordinate Push for UK Constitutional Change
Police Tighten Public-Order Measures After Anti-Immigration Protests in Dover and Portsmouth
UK Ministers Pressed for Answers After US Diplomat Accused of Child Abuse Images Leaves Britain
Jaguar Land Rover Pursues NATO Defense Contracts for Defender Vehicles
British Service Member Dies in Road Accident While Deployed in Ukraine
George Osborne Calls for Britain to Rejoin EU Customs Union
Anthropic Chief Dario Amodei Urges Faster UK Action on Advanced AI Risks
UK State Pension Set for 3.9% Rise Under Triple Lock
UK Labour Market Cools as Payrolled Employment Continues to Decline
×