(3 years, 8 months ago)
Lords ChamberI agree with my noble and learned friend, and other noble Lords who have spoken on this Question, that our judges, as well as those from other countries, play an important role in upholding the independence of the judiciary, which should continue to be free from any interference. As I have said, their role is enshrined in basic Hong Kong law and it is important that the Supreme Court makes the ultimate decision on the continuation of that role.
My Lords, I refer to my entries in the register and my former position as a non-permanent judge of Hong Kong’s Court of Final Appeal, and my engagements to establish, and then become, respectively, president and Chief Justice of the commercial courts in Qatar and Kazakhstan, both of which are modelled on our commercial court and have former senior British judges on the Bench. I also refer to the article by Lord Sumption in the Times and the article in the South China Morning Post. In view of the answers that he has already given, do the Minister and the Foreign Office appreciate that the reputation of justice and judges in this country is enhanced by judges performing the roles to which I referred? If our Government are seen to be interfering with the appointment of British judges who do this work, especially where, in Lord Sumption’s apt words,
“In reality they are demands that judges should participate in a political boycott designed to put pressure on the Chinese Government to change its position on democracy”,
then this will not continue.
My Lords, I agree with the noble and learned Lord and recognise the important insight and experience that he brings to this debate. Equally, as I have already indicated in my previous answers, the Government are very clear that the independence of judges operating within Hong Kong must be free of political interference. However, it is right that we continue to work with the Supreme Court on its determination of that position. We call upon the Hong Kong authorities to respect the principle of these two aspects, which is enshrined within basic Hong Kong law.
(3 years, 11 months ago)
Lords ChamberMy Lords, I refer to my interests as disclosed in the register. Does the Minister agree that the reason why this country should wholeheartedly support this United Nations international Human Rights Day is that this country’s unwritten constitution has developed the observance of the rule of law and human rights and has become increasingly critical of efforts to restrict their applicability?
At this juncture, I have to say, I totally agree with the noble and learned Lord. We are proud of our traditions in this respect.
(5 years, 7 months ago)
Lords ChamberMy Lords, in view of what has already been said, I hesitate to intervene, but having been a judge of the Court of Final Appeal in Hong Kong and having served my term there, so to speak, it is important for me to acknowledge that my experience is the same as the other experiences the House has heard about. Hong Kong deserves great credit for the way it has ensured that the rule of law functions efficiently.
I am sure I speak for the whole House in paying tribute to the noble and learned Lord’s contribution in that respect and to the judges who continue to do such a sterling job and play such an important role in Hong Kong today.
(13 years, 8 months ago)
Lords ChamberMy Lords, the answer is yes to all those points, and certainly to the support of the Bar Council. There is also the Justice Assistance Network, a cross-governmental network that draws on UK expertise to provide coaching, mentoring and twinning support for judges, prosecutors and court staff. We are active and positive in all these areas, and we recognise the work done by both the noble Baroness and the previous Government in this area.
My Lords, I should disclose that I am the president of the court referred to by the noble Lord, Lord Hylton. In that connection, perhaps I may underline the contribution being made by many law firms in the Middle East. Does the noble Lord agree that what will happen is that those countries will look at the way we observe the rule of law in this country? In those circumstances, is it not critically important to show that we meticulously observe the rule of law and recognise the importance of the European Court of Human Rights in relation to our own situation?
The noble and learned Lord is drawing me into a major and vastly important area on which I am not going to comment today except to say that his contribution to it is of course enormous and that we recognise the value of his opinions. But the broader question of the European Court of Human Rights, how it works and its relationship to the EU as a whole and to this country, is one that no doubt we will debate in this House vigorously in the coming weeks.