Hong Kong hits back as UK judge says rule of law ‘profoundly compromised’

Hong Kong chief executive defends territory’s judiciary amid concerns about impact of security and sedition laws.

Hong Kong has hit back at a British judge who announced his resignation from the territory’s top court last week and expressed concern that the rule of law was in danger following the landmark conviction of 47 pro-democracy politicians and activists.

Jonathan Sumption, one of two British judges who resigned from the Court of Final Appeal last week, wrote in the Financial Times on Monday that last month’s decision, which he noted could still be reversed by an appeal court, was “symptomatic of a growing malaise in the Hong Kong judiciary” where judges had to “operate in an impossible political environment created by China.”

The 47 were found guilty of subversion for organising an unofficial primary to choose their candidates in the largest ever trial under the National Security Law, which Beijing imposed on the territory in 2020.

Among his concerns, Sumption listed the security law and the revived colonial-era sedition law, which he said were “illiberal legislation” that “severely” limited judges’ freedom of action, “interpretations” by a standing committee of the National People’s Congress in Beijing such as in the case of jailed tycoon Jimmy Lai, and the “paranoia” of the authorities.

“The least sign of dissent is treated as a call for revolution,” Sumption wrote. “Hefty jail sentences are dished out to people publishing ‘disloyal’ cartoon books for children, or singing pro-democracy songs, or organising silent vigils for the victims of Tiananmen Square. Hong Kong, once a vibrant and politically diverse community is slowly becoming a totalitarian state. The rule of law is profoundly compromised in any area about which the government feels strongly.”