Analysis of information sources in references of the Wikipedia article "Supreme Court of the United Kingdom" in English language version.
Section 17, Part V of Schedule 2, and Part I of Schedule 3
At a time when judges are forced to leave Hong Kong following pressure by Beijing and their mouthpieces in the media to convict protestors, civil society groups are being forced to close, and nearly all pro-democracy voices are in jail, exile, or awaiting trial, it cannot be right that UK judges continue to offer Hong Kong courts a veneer of legitimacy.
Secondly, Ministers must reconsider the participation of sitting UK judges on the Hong Kong court of final appeal. As the human rights situation continues to deteriorate at a worrying pace, it is clear that these judges are powerless to moderate Beijing's behaviour. Instead, they are offering political cover for a Government in Hong Kong who have lost all legitimacy.
...and we need—as the Labour party is calling for—British judges to leave Hong Kong. British judges are simply lending a veneer of credibility to the undemocratic, broken system. Have the UK Government made an assessment of whether UK judges are protecting the rule of law in Hong Kong or simply legitimising an authoritarian regime?
My Lords, I thank the Minister for his reply, but is it not time that Her Majesty's Government make their position clear on this and take further action? Is it not wrong on many levels that British judges are active in Hong Kong, giving a veneer of respectability to wholly draconian laws which effectively stifle freedom of speech, freedom of assembly and free and fair elections?
I am delighted that Britain has been able to contribute to this process, by making available to the Court of Final Appeal two of our leading Law Lords, Lord Hoffmann and Lord Nicholls, as members of the Court's panel of non-permanent judges.
The Supreme Courts are made up of the Court of Session, the High Court of Justiciary and the Accountant of Court's Office
For the first time, we have a clear separation of powers between the legislature, the judiciary and the executive in the United Kingdom. This is important. It emphasises the independence of the judiciary, clearly separating those who make the law from those who administer it.
The Government argued that there must be a separation in order to comply with Article Six of the European Convention on Human Rights, which guarantees a fair trial.
As a Hong Kong judge I serve Hong Kong people.
British judges should resign from Hong Kong's highest court
British judges' continued presence in Hong Kong lends a false veneer of respectability to a justice system that is no longer just. The president of the Supreme Court and the new foreign secretary must take a stand and remove British judges from Hong Kong once and for all.
Judiciary Independent in Name Only (p.458) Hong Kong's historically independent judiciary is no longer reliably impartial on cases related to matters the Chinese government deems sensitive, since the National Security Law has cemented Beijing's right to determine which judges hear national security cases in which jurisdiction, almost guaranteeing outcomes the CCP prefers. (p.458) It is no longer certain that overseas judges serving in nonpermanent posts on the Court of Final Appeal (CFA) can still protect the rule of law in Hong Kong. (p.460)
For the first time, we have a clear separation of powers between the legislature, the judiciary and the executive in the United Kingdom. This is important. It emphasises the independence of the judiciary, clearly separating those who make the law from those who administer it.
The Government argued that there must be a separation in order to comply with Article Six of the European Convention on Human Rights, which guarantees a fair trial.
The Supreme Courts are made up of the Court of Session, the High Court of Justiciary and the Accountant of Court's Office
At a time when judges are forced to leave Hong Kong following pressure by Beijing and their mouthpieces in the media to convict protestors, civil society groups are being forced to close, and nearly all pro-democracy voices are in jail, exile, or awaiting trial, it cannot be right that UK judges continue to offer Hong Kong courts a veneer of legitimacy.
British judges should resign from Hong Kong's highest court
