British judge at Hong Kong’s top court, facing criticism, quits press freedom group’s advisory board

HONG KONG (AP) – A British judge who sat on a unanimous Hong Kong panel rejected an appeal from prominent jailed publisher Jimmy Lai and six former pro-democracy lawmakers has resigned from his position on an advisory board of an international press freedom group over concerns about his role in the city’s supreme court.

David Neuberger, a non-permanent overseas judge at Hong Kong’s highest court, announced his decision to step down as chairman of the High-Level Group of Legal Experts on Press Freedom in a statement on Wednesday. The panel advises the Media Freedom Coalition, a partnership of countries advocating for press freedom.

Neuberger, also a former chief justice of Britain’s Supreme Court, said he raised the possibility of leaving the advisory group several months ago because he had held the post for nearly five years and there were concerns about his role in Hong Kong . .

“I have come to the conclusion that I should leave now, as it is not desirable that the focus on my position as a non-permanent judge in Hong Kong detract or distract from the critical and impactful work of the High Level Panel,” he he said. said.

He did not specify what the concerns were in his statement.

Hong Kong, a former British colony, is a common law jurisdiction, unlike mainland China. Since it returned to Chinese rule in 1997, non-permanent overseas judges have continued to serve on the city’s first court.

Neuberger’s announcement came days after he and four other court judges ruled against an appeal by Lai and the six former pro-democracy lawmakers over their beliefs related to their roles in one of the largest anti-government protests of 2019.

That decision drew criticism of Neuberger from activists and Hong Kong’s last British governor, Chris Patten. Also, the British press The Independent published two critical articles about the judge and the ruling.

In a statement on Tuesday, Neuberger insisted that his role as a judge in Hong Kong is to decide the cases before him in accordance with the law.

The Hong Kong government also condemned Patten’s “unpleasant personal slurs” on Neuberger a day later.

On Thursday, the media advocacy group Reporters Without Borders said Neuberger’s resignation was necessary to protect the independence and integrity of the High-Level Panel.

His campaign manager, Rebecca Vincent, said she was disappointed by Neuberger’s continued involvement in Hong Kong’s courts during an unprecedented decline in press freedom and the rule of law in the city. Vincent is also a member of the advisory committee of the High Level Panel.

After Beijing imposed a national security law on the territory in 2020, Hong Kong’s media landscape underwent drastic changes. Apple Daily and Stand News, media outlets known for critical reporting on the government, were forced to close in 2021 following the arrest of their top management.

Hong Kong’s government insists the security law has restored stability to the city and that its people still enjoy press freedoms.

In June, two other non-permanent British judges resigned from the first instance. One of the judges, Jonathan Sumptionsaid he resigned because the rule of law in the city was in “grave danger” and judges were operating in an “impossible political environment created by China”.

The other, Lawrence Collins, said his resignation was “due to the political situation in Hong Kong”. But he said he continued to “have the utmost confidence in the court and the total independence of its members”.

Hong Kong currently has seven non-permanent overseas judges.