British judge Lord Sumption has said he did not quit Hong Kong’s top court sooner, as he “wanted to see how things will develop,” following Beijing’s imposition of the 2020 security law.
Sumption, who resigned from the Court of Final Appeal last Thursday, wrote in a Financial Times opinion piece on Monday that judges’ freedoms had been “severely limited” in the city. He deemed a recent judgement against Hong Kong democrats “legally indefensible,” and warned the city was beginning to resemble a “totalitarian state.”
It prompted a 2,800-word government statement in the early hours of Tuesday saying there was “absolutely no truth” that the courts faced political pressure from the authorities.
Speaking on the BBC’s Today radio programme on Wednesday, Sumption said the recent conviction of 14 democrats had been the “last straw.”
“I think all the judges on the court feel concerned about this, but they differ on the degree of optimism they have about the way the presence of foreign judges on the court might moderate the persecutory zeal of the authorities,” Sumption said.
Repeating points from Monday’s opinion piece, Sumption spoke of a “paranoid atmosphere” among the authorities, as he criticised the use of a provision in Hong Kong’s mini-constitution allowing Beijing to intervene in legal rulings.
Remained to ‘see how things will develop’
When asked whether he thought he should have left sooner, given early criticism of the 2020 security law, Sumption disagreed. “No, I don’t think that. Some non-permanent judges did withdraw earlier, either on their own initiative… or under pressure from the UK government,” he said.
“But I think it is absolutely right to see how things will develop and to hope that one will make a positive contribution. It has taken me a long time to conclude that that’s not realistic, but I think it is absolutely right to wait for hard information and not rely on speculative possibilities.”
Sumption rejected criticism from Chief Executive John Lee, who, in response to a question from HKFP, told the press on Tuesday that judges should focus on the law. “A judge is entitled to his personal political preferences. But that is not a judge’s area of professional expertise,” Lee said.
Sumption, who joined the apex court as a non-permanent judge in 2019, said in response: “I’m not pining on the politics, in so much as the effect of the politics on judicial life in Hong Kong – a matter on which I have some first-hand experience.”
The presence of international judges has historically given credibility to Hong Kong’s common law legal tradition, with the judiciary saying their presence will continue despite three resignations in a week.
Beijing inserted national security legislation directly into Hong Kong’s mini-constitution in June 2020 following a year of pro-democracy protests and unrest. It criminalised subversion, secession, collusion with foreign forces and terrorist acts – broadly defined to include disruption to transport and other infrastructure. The move gave police sweeping new powers and led to hundreds of arrests amid new legal precedents, while dozens of civil society groups disappeared. The authorities say it restored stability and peace to the city, rejecting criticism from trade partners, the UN and NGOs.
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