LONDON: Britain’s Supreme Court on Friday suggested its judges could stop serving in Hong Kong unless judicial independence and the rule of law were guaranteed in the city.
Two British judges have served on the Hong Kong Court of Final Appeal since 1997 as part of the agreement that saw control handed over to China.
The Court of Final Appeal also includes retired judges from Britain and from other common law jurisdictions, including Australia and Canada.
But China’s introduction of a controversial new security law targeting acts of subversion, secession, terrorism and foreign collusion has caused concern among Western powers.
UK Supreme Court president Robert Reed said the Hong Kong court had ruled on civil and commercial cases, as well as those about rights of protest and free speech.
“The new security law contains a number of provisions which give rise to concerns. Its effect will depend upon how it is applied in practice. That remains to be seen,” he said.
Reed said he was sure Hong Kong judges would “do their utmost” to guarantee judicial independence and the rule of law, and said they had the backing of their UK counterparts.
“(The Supreme Court) will continue to assess the position in Hong Kong as it develops, in discussion with the UK government,” he added in a statement.
“Whether judges of the Supreme Court can continue to serve as judges in Hong Kong will depend on whether such service remains compatible with judicial independence and the rule of law.” Reed is currently the only serving British judge provided under the agreement following Brenda Hale’s recent retirement from the Supreme Court. But he has not been scheduled to sit this year.
Britain has angered Beijing by offering visas to millions of Hong Kong residents, along with a possible route to citizenship in response to China’s introduction of the security law on the territory.
Beijing, already angered by Britain’s blocking of telecoms giant Huawei from Britain’s 5G network, has vowed to take unspecified “corresponding measures”.
About 350,000 people in Hong Kong currently hold British National (Overseas) passports, which allow visa-free access to Britain for up to six months, Johnson wrote. Another 2.5 million people would be eligible to apply for one.
Taiwan officials required to sign ‘one China’ document
Taiwanese officials in Hong Kong have been told their visas will not be renewed unless they sign a document supporting Beijing’s claim to Taiwan under its “one China” policy, a person with direct knowledge of the matter said.
The move comes after Taipei criticised a new security law imposed on Hong Kong by Beijing, and opened an office in Taipei this month to help people who may want to leave the Asian financial centre.
Several Taiwanese officials at its de facto Hong Kong consulate who were due to renew their visas have been asked by the city’s government to sign the document, a senior Taiwan official with knowledge of the matter said.
The official said the move was unprecedented and presented an “unnecessary political obstacle” for Taipei-Hong Kong ties.
“They won’t issue the visa if we don’t sign the document,” the official said, declining to be named due to the sensitivity of the matter. “It’s entirely a problem created by them.” “We will try our best to defend our stance. Our representatives in Hong Kong will hold fast to their position.”
The Hong Kong Immigration Department said it would not comment on individual cases, but added that it acts in accordance with the relevant laws and policies when handling each application.
Published in Dawn, July 18th, 2020