Hong Kong Courts: British Judges

Lord Collins of Highbury Excerpts

Monday 22nd March 2021 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, I suppose the issue is whether the presence of British judges legitimises a political and legal system which is compromised as a consequence of the Chinese Government’s changes to Hong Kong law. On 12 March, the spokesperson for the noble and learned Lord, Lord Reed, said that the Supreme Court had been

“in close contact with the British foreign secretary and lord chancellor on matters for some time, and is reviewing with them the operation of the agreement”.

What has changed since 12 March? Are we likely to hear from the Lord Chancellor and the Government about a change in the role of British judges in Hong Kong?

[Lord Ahmad of Wimbledon (Con) [V]]

My Lords, I will not prejudge any announcement. It is important that we co-ordinate very closely with the Supreme Court. As the noble Lord will be aware, the role of the judges in Hong Kong is very much enshrined in basic Hong Kong law, under Articles 19 and 85, which guarantee their independence and freedom from interference. Those are important criteria and I am sure that, as I have already said, the Supreme Court is considering its position on this.