British and Overseas Judges: Hong Kong Debate
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Alistair Carmichael
Main Page: Alistair Carmichael (Liberal Democrat - Orkney and Shetland)Department Debates - View all Alistair Carmichael's debates with the Foreign, Commonwealth & Development Office
British and Overseas Judges: Hong Kong
Alistair Carmichael Excerpts(2 years, 1 month ago)
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Sir Iain Duncan Smith
I am grateful to my right hon. and learned Friend. I know that he has privately been a big supporter of what we have been trying to do, so I appreciate his coming here now that he is no longer Lord Chancellor.
I simply say that this is a momentous decision, because right now in Ukraine—I referred to this earlier—we are seeing a totalitarian regime try to stamp out democracy and freedom in another country. In a funny sort of way, maybe we are seeing that the fight for freedom in Ukraine influences all of us to ensure that, whatever we do from the peaceful area that we live in, it does not allow other totalitarian regimes to have the legitimacy that would be given to them by our independent judiciary playing a part in Hong Kong and letting everybody believe that there is nothing wrong.
Mr Alistair Carmichael (Orkney and Shetland) (LD)
The right hon. Gentleman knows that I have argued for this move for some time now. I am particularly pleased to welcome it, not least because the Lord President of the Supreme Court, Lord Reed, is somebody whom I have known and respected for many years. I never felt comfortable being on the other side of the argument to him, and we seem to have resolved that.
Does the right hon. Gentleman agree that this now requires a response not just here, but from all those who have perhaps taken some comfort from the presence of the British judiciary in Hong Kong? I think it was the Hong Kong Bar Association that said the presence of British judges was a “canary in the mineshaft.” That canary has well and truly fallen off its perch today, and those in Hong Kong who care about the rule of law have a responsibility to respond.
Sir Iain Duncan Smith
I am grateful for that intervention, because I had a meeting with the Bar Council about this issue. To be fair, its members understood the dilemma that they had. Bear in mind that Essex Court Chambers have been sanctioned by the Chinese Government, as have I and others present. I do not understand how it is viable any longer for those at the Bar to argue that they are not somehow changing, influencing or moderating what may be going on in Hong Kong.
I have in front of me the statement from the Lord President. I will not read it out, as that is for others to do. Now that he has made that statement—he was one of those who actually did service in Hong Kong, so it is an extra-powerful statement on that point—I would call on the Bar Council, barristers and other lawyers who work in corporate law, and who now have all their offices in Hong Kong, to very carefully think about their position. If the judiciary are moving, and if the Bar does too, what price their ability to lend legitimacy to an area that is essentially no longer operating seriously under common law?