NGOs Call for Resignation of UK Judge from Hong Kong’s Top Court Following Convictions of Jimmy Lai and 6 Others
Rights groups are urging Lord David Neuberger to reconsider his ongoing involvement with the Hong Kong Court of Final Appeal.
Lord David Neuberger, a British judge, is under pressure from human rights organizations to step down from his position in Hong Kong’s top court. This comes after he upheld the convictions of British citizen Jimmy Lai and six others for their roles in the 2019 pro-democracy protests in the city.
Following the imposition of the national security law on Hong Kong in 2020 by Beijing, several foreign non-permanent judges have resigned due to concerns over the draconian law.
Neuberger faced backlash, including from Hong Kong’s last British governor, Lord Chris Patten, after the HKCFA rejected an attempt to overturn the convictions of seven prominent pro-democracy activists, including Lai, on August 12.
Lai, the 76-year-old founder of the now-defunct Apple Daily newspaper, along with Martin Lee and five other activists, were convicted in 2021 for their involvement in an “unlawful” assembly in August 2019 when nearly 2 million people marched on the streets.
Last year, their convictions for organizing the rally were overturned by a lower court, but their convictions for participating in it were upheld.
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The defendants argued that the trial judge should have conducted an “operational proportionality” assessment to determine if their conviction aligned with human rights protections. This principle is based on two nonbinding decisions of Britain’s Supreme Court. They also contended that the judge should have considered that the procession did not turn violent.
However, on August 12, a panel of five judges ruled against the defendants, with Chief Justice Andrew Cheung and Judge Roberto Ribeiro stating that the decisions of the British court should not be followed in Hong Kong due to differing legal frameworks.
The NGOs stated that Neuberger’s continued involvement in the HKCFA essentially supports the repression of human rights against peaceful activists and journalists in the city. They urged him to resign, as some of his former colleagues have done.
Neuberger did not respond to The Epoch Times’ request for comment.
Jimmy Lai outside West Kowloon Magistrates’ Court in Hong Kong on Sept. 18, 2020. Sung Pi-lung/The Epoch Times
“I have now decided that it is best for me to step down, as the focus on my position as a non-permanent Judge in Hong Kong could detract from the crucial and impactful work of the High Level Panel,” he said.
Hong Kong, once a British colony, follows common law, unlike mainland China. Since its return to Chinese rule in 1997, non-permanent overseas judges have consistently served on the city’s top court.
Foreign Judges Who Stepped Down
However, several foreign judges have resigned from their positions since Beijing imposed a national security law on Hong Kong four years ago, suppressing public dissent.
Reed stated that UK Supreme Court judges could not continue to sit in Hong Kong without appearing to endorse an administration that deviated from values of political freedom and freedom of expression.
Aldgra Fredly contributed to this report.
