Hong Kong's Court of Final Appeal (HKCFA) Photo: VCG

The Hong Kong Special Administrative Region (HKSAR) government said on Tuesday that it strongly disagreed with remarks made by Jonathan Sumption, a British judge who recently resigned from the city's highest court, who claimed that "the rule of law in Hong Kong is in grave danger." The HKSAR Chief Executive John Lee said on Tuesday that Sumption's recent statement appears to be contradictory to his previous stance in this regard.

Some legal representatives in Hong Kong said Sumption's latest remarks are not persuasive, reiterating that Hong Kong's judicial independence is beyond doubt.

In an article published in the Financial Times on Monday, Sumption made the comments on the latest verdict on "35-plus" defendants in Hong Kong, saying that "the decision is symptomatic of a growing malaise in the Hong Kong judiciary."

Sumption, the non-permanent judge of the Court of Final Appeal (CFA) who recently resigned, attributed this to the National Security Law for Hong Kong, the pressure from the central government, an "oppressive atmosphere" and political intimidation.

On Tuesday, the HKSAR government refuted those claims, saying that there is absolutely no truth that the HKSAR courts are under any political pressure from the central government's authorities or the HKSAR government in the adjudication of national security cases or indeed any case of any nature; or that there is any decline in the rule of law in Hong Kong.

Anyone who suggests otherwise, no matter what the reasons or motives may be, would be utterly wrong, totally baseless, and must be righteously refuted, a spokesperson from the HKSAR government said.

Sumption and Lawrence Collins, two NPJs from other common law jurisdictions of the CFA, announced their resignations on Thursday. They were appointed as the NPJs of the city's top court in 2019 and 2011 respectively.

Canadian former top judge Beverley McLachlin also announced her retirement from the city's top court.

In 2021, Sumption refused to take part in a political boycott orchestrated in the UK, and he said then, that people should not confuse rule of law with democracy, Lee told a press conference on Tuesday.

Sumption said there was no democracy during the British rule in Hong Kong. But he said the rule of law was maintained at that time by judges deciding on cases according to the law and evidence, Lee continued.

"Democracy and rule of law should not be confused. His latest statement indicates that he does not like the political situation in Hong Kong. But this is exactly the area he has told us in 2021 that should not be confused with the rule of law. His recent statement looks to me to be contradictory to his previous stance in this regard," the Chief Executive said.

Indeed, people who try to damage the rule of law in Hong Kong, are among those in the UK, in the UK government, the UK politicians and some anti-China, anti-Hong Kong media, Lee said.

They openly threatened to impose sanction on judges before, during and after the trials. These are blatant attempts to attack the rule of law in Hong Kong, he noted.

The HKSAR government has never, and will not, interfere or attempt to interfere, with judges' conduct of trial. We have not done it and we will not do it. "Non-interference of the judicial process is the DNA of Hong Kong's rule of law," Lee said.

Even most of the overseas non-permanent judges who have stepped down believe that Hong Kong's judicial independence has not been compromised, Executive Council member and senior barrister Ronny Tong Ka-wah told the Global Times on Tuesday.

"Overseas judges may face certain pressures, but it's believed that withstanding pressure is what makes a good judge," Tong said.

Tong knows Sumption personally and does not feel that Sumption has a deep understanding of the topics he discussed in the article.

"I do not speculate on whether there are other reasons behind Sumption's statements that do not align with the facts, but I do not find the article to be persuasive," Tong said.

Judges at every level are expected to and do adhere to the Judicial Oath to decide cases impartially and independently, in accordance with the law and evidence, Chief Justice of CFA Andrew Cheung said in a public statement on Tuesday.

Any suggestion that their decisions have been or may be influenced by extraneous considerations, political or otherwise, is a serious allegation that must be duly substantiated and should not be lightly made, Cheung said.

"I am not surprised by the recent developments as Western governments and politicians have continuously suppressed and smeared Hong Kong in recent years, including exerting immense pressure on foreign judges of the CFA, forcing them to resign and tarnish Hong Kong's rule of law and political situation," Lau Siu-kai, a consultant from the Chinese Association of Hong Kong and Macao Studies who is also a senior policy advisor, told the Global Times on Tuesday.

In this context, it is expected that the number of foreign judges in the CFA will continue to decrease. However, the West's shameful tricks have limited impact on the international reputation of Hong Kong's rule of law, and Hong Kong residents will not feel much difference, Lau said.

"In fact, Hong Kong can take this opportunity to develop a common law system that reflects and aligns with the One Country, Two Systems principle without being constantly hindered by the West," he said.