Reed and Hodge quit Hong Kong Court of Final Appeal

Lord Reed and Lord Hodge, President and Deputy President of the UK Supreme Court, have resigned with immediate effect as judges of the Hong Kong Court of Final Appeal.

Lord Reed believes that although the UK's top judges have sat in Hong Kong since the handover to China in 1997, in fulfilment of obligations undertaken by the UK Government, to continue to do so would be inconsistent with values to which the Supreme Court is committed.

Last August, in response to increasing concerns at the judges' role as the Chinese authorities tightened their grip on political activity, Lord Reed said that he was closely monitoring developments along with the Foreign Secretary and Lord Chancellor, but their shared assessment was that "the judiciary in Hong Kong continues to act largely independently of government and their decisions continue to be consistent with the rule of law". There was also continued widespread support amongst the legal community in Hong Kong for their participation in the work of the Appeal Court.

Today, however, in a further statement he said that since the introduction of the Hong Kong national security law in 2020, "this position has become increasingly finely balanced". 

He continued: "The courts in Hong Kong continue to be internationally respected for their commitment to the rule of law. Nevertheless, I have concluded, in agreement with the Government, that the judges of the Supreme Court cannot continue to sit in Hong Kong without appearing to endorse an administration which has departed from values of political freedom, and freedom of expression, to which the Justices of the Supreme Court are deeply committed.  

"Lord Hodge and I have accordingly submitted our resignations as non-permanent judges of the HKCFA with immediate effect. "