A former chief justice of the UK Supreme Court is leaving Hong Kong’s top court, making him the fifth foreign judge to quit this year amid Beijing’s ongoing security clampdown. British Judge Nicholas Phillips, 86, has decided to step down as a non-permanent member of the Court of Final Appeal in Hong Kong as his three-year current term ends on Monday. The judiciary spokesperson stated that he did not wish to have his term extended due to personal reasons. Phillips, also a former president of the Supreme Court in the UK, was first appointed to Hong Kong’s top court on Oct. 1, 2012.
As a common law jurisdiction, Hong Kong invites both foreign and local judges to join its top court. This unique structure is part of the deal that was reached when the British handed over the territory to China. These foreign judges have long been seen as a symbol of the city’s commitment to the rule of law and its status as a global financial center.
However, with China tightening its grip on Hong Kong, an unprecedented number of overseas judges have left. Phillips is now the fifth judge to leave this year and ninth since Beijing introduced its national security law in 2020. Critics argue that this law brings Hong Kong closer to becoming an authoritarian state like China.
Despite concerns from foreign governments, Hong Kong’s judiciary maintains that an overwhelming majority of serving and departed non-permanent judges have publicly expressed their confidence in judicial independence and commitment towards upholding the rule of law.
Phillips’ departure will leave only six foreign judges on Hong Kong’s top court—two from the UK and four from Australia. Reasons for these departures vary; some cite age or personal reasons while others mention concerns about political situations in Hong Kong created by China’s Communist Party.
Two additional foreign judges are set to reach their term limits next year—one being British Judge Leonard Hoffmann who has been on the court since 1998.
