UK judges’ resignation regrettable

March 30, 2022

Chief Executive Carrie Lam today expressed regret at the resignations of Lord Reed of Allermuir and Lord Hodge as Non-Permanent Judges of the Court of Final Appeal (CFA) of the Hong Kong Special Administrative Region.

     

Mrs Lam said: “We appreciate fully the valuable contribution of judges from other common law jurisdictions sitting on the CFA for the past 25 years, including serving UK judges appointed by the Chief Executive of the Hong Kong SAR pursuant to the above mentioned agreement.”

 

The Hong Kong SAR Government noted with deep regret that the UK Government has decided to withdraw from the agreement reached in 1997 between the then Chief Justice Andrew Li and the then Lord Chancellor of the UK.

     

"We have no choice but acquiesced in the two eminent judges' decision to resign from the CFA following the UK Government's decision to discontinue an agreement that has been respected and has served both the Hong Kong and UK interests well for years, but we must vehemently refute any unfounded allegations that the judges' resignations have anything to do with the introduction of the Hong Kong National Security Law or the exercise of freedom of speech and political freedom in Hong Kong,” she elaborated.

     

The Hong Kong SAR Government said it wishes to reiterate its firm commitment to upholding judicial independence in Hong Kong as it has done unwaveringly over the past 25 years. The Chief Executive will continue to exercise her power to appoint judges, including overseas judges from other common law jurisdictions, on the recommendation of the statutory Judicial Officers Recommendation Commission chaired by the Chief Justice.

     

The judges of Hong Kong manifest the highest professional and judicial quality as well as impartiality through the reasoned judgments they deliver, demonstrating to all objective and fair-minded observers that first, due administration of the criminal justice system remains in compliance with human rights protection and principles of the rule of law, and secondly, judges have all along been handling cases strictly in accordance with admissible evidence and applicable laws, observing due process, it added.

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