London Daily

Focus on the big picture.
Thursday, Jul 03, 2025

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
DJI Launches Heavy-Duty Coaxial Quadcopter with 80 kg Lift Capacity
U.S. Senate Approves Major Legislation Dubbed the 'Big Beautiful Bill'
Largest Healthcare Fraud Takedown in U.S. History Announced by DOJ
Poland Implements Border Checks Amid Growing Migration Tensions
Political Dispute Escalates Between Trump and Musk
Emirates Airline Expands Market Share with New $20 Million Campaign
Amazon Reaches Milestone with Deployment of One Millionth Robot
US Senate Votes to Remove AI Regulation Moratorium from Domestic Policy Bill
Yulia Putintseva Calls for Spectator Ejection at Wimbledon Over Safety Concerns
Jury Deliberations in Diddy Trial Yield Partial Verdict in Serious Criminal Charges
House Oversight Committee Subpoenas Former Jill Biden Aide Amid Investigation into Alleged Concealment of President Biden's Cognitive Health
King Charles Plans Significant Role for Prince Harry in Coronation
Two Chinese Nationals Arrested for Espionage Activities Against U.S. Navy
Amazon Reaches Major Automation Milestone with Over One Million Robots
Extreme Heat Wave Sweeps Across Europe, Hitting Record Temperatures
Meta Announces Formation of Ambitious AI Unit, Meta Superintelligence Labs
Robots Compete in Football Tournament in China Amid Injuries
Trump Administration Considers Withdrawal of Funding for Hospitals Providing Gender Treatment to Minors
Texas Enacts Law Allowing Gold and Silver Transactions
China Unveils Miniature Insect-Like Surveillance Drone
OpenAI Secures Multimillion-Dollar AI Contracts with Pentagon, India, and Grab
Marc Marquez Claims Victory at Dutch Grand Prix Amidst Family Misfortune
Germany Votes to Suspend Family Reunification for Asylum Seekers
Elon Musk Critiques Senate Budget Proposal Over Job Losses and Strategic Risks
Los Angeles Riots ended with Federal Investigations into Funding
Budapest Pride Parade Draws 200,000 Participants Amid Government Ban
Southern Europe Experiences Extreme Heat
Xiaomi's YU7 SUV Launch Garners Record Pre-Orders Amid Market Challenges
Jeff Bezos and Lauren Sanchez's Lavish Wedding in Venice
Russia Launches Largest Air Assault on Ukraine Since Invasion
Education Secretary Announces Overhaul of Complaints System Amid Rising Parental Grievances
Massive Anti-Government Protests Erupt in Belgrade
Trump Ends Trade Talks with Canada Over Digital Services Tax
UK Government Softens Welfare Reform Plans Amid Labour Party Rebellion
Labour Faces Rebellion Over Disability Benefit Reforms Ahead of Key Vote
Jeff Bezos and Lauren Sánchez Host Lavish Wedding in Venice Amid Protests
Trump Asserts Readiness for Further Strikes on Iran Amid Nuclear Tensions
North Korea to Open New Beach Resort to Boost Tourism Economy
UK Labour Party Faces Internal Tensions Over Welfare Reforms
Andrew Cuomo Hints at Potential November Comeback Amid Democratic Primary Results
Curtis Sliwa Champions His Vision for New York City Amid Rising Crime Concerns
Federal Reserve Proposes Changes to Capital Rule Affecting Major Banks
EU TO HUNGARY: LET THEM PRIDE OR PREP FOR SHADE. ORBÁN TO EU: STAY IN YOUR LANE AND FIX YOUR OWN MESS.
Trump Escalates Criticism of Media Over Iran Strike Coverage
Trump Announces Upcoming US-Iran Meeting Amid Controversial Airstrikes
Trump Moves to Reshape Middle East Following Israel-Iran Conflict
Big Four Accounting Firms Fined in Exam Cheating Scandal
NATO Members Agree to 5% Defense Spending Target by 2035
Australia's Star Casino Secures $195 Million Rescue Package Amid Challenges
UK to Enhance Nuclear Capabilities with Acquisition of F-35A Fighter Jets
×