Carrie Lam told reporters at a press conference that she found it “disturbing” that the resignation of Lord Reed and Lord Hodge has been linked to the national security law and people’s ability to exercise rights and freedoms in the SAR.
Citing a debate in the British parliament and comments from the prime minister and other senior UK officials, Lam said it is clear that quite a lot of politics is behind the resignation of the two non-permanent judges.
She said it is obvious that British politicians and officials want to override the UK judiciary and interfere with the decisions of judges, and it is a pity that they have resorted to measures to damage Hong Kong’s judiciary.
The CE said she found Lord Reed’s statement, about not wanting to appear to endorse her administration, to be “strange”.
“There’s a misperception that overseas judges sitting on the Court of Final Appeal is a legitimate endorsement of the government. That is never the case,” the Hong Kong leader said, adding that the judges are much valued in safeguarding Hong Kong’s judicial independence.
“They are not lending the administration any legitimacy. To suggest on this occasion that they could no longer sit on the Court of Final Appeal because to do so would appear to endorse the administration is a very fallacious argument,” she said.
Lam said the national security law, drafted and introduced by Beijing in 2020, helped restore law and order in Hong Kong following the social unrest the year before, adding that she doesn’t see any need to amend it.
The CE also said overseas judges can adjudicate national security cases, which she said is rare internationally.
Lam said she is not worried about the departure of the two judges, saying there are still “fine” local and overseas judges in the judiciary.
Asked if Hong Kong will consider appointing judges from other common law jurisdictions other than the UK, Canada and Australia, the CE said that is a matter for the chief justice to consider.