Third British judge quits top Hong Kong court amid China-imposed crackdown on dissent

It comes after former judge Lord Jonathan Sumption said Hong Kong ‘becoming a totalitarian state’

Lord Phillips has left Hong Kong Court of Final Appeal (UK Parliament)

A third British judge has left a top Hong Kong Court amid growing calls for them to step down over a China-imposed crackdown on dissent.

Lord Nicholas Phillips, 86, has left his post as an overseas non-permanent judge on the Hong Kong Court of Final Appeal for “personal reasons” after his contract ended on Monday.

It comes after British judges Lord Jonathan Sumption and Lord Lawrence Collins also resigned from the court in June over the “political situation” in Hong Kong. All the British judges have retired from their UK roles.

Lord Phillips told The Independent: “I have declined an invitation to serve on the court for another term for personal, not political reasons.”

Lord Sumption said Hong Kong was “slowly becoming a totalitarian state” and the rule of law was “profoundly compromised”.

Lord Sumption (left) and Lord Collins resigned from the court in June over the ‘political situation’ in Hong Kong (Getty/UK Parliament)

More than 1,800 political prisoners have been detained in Hong Kong in a crackdown since mass pro-democracy protests in 2019.

In June, the last remaining Canadian judge Beverely McLachlin, 80, also quit the court. Australian judge Antony Gleeson, 88, resigned in March. Lord Phillips is at least the ninth judge to quit overall since the introduction of the 2020 national security law that criminalised acts of subversion. Critics accuse authorities of using it to surpress all dissent.

British and other overseas judges have sat on the court since 1997 on a non-permanent basis as part of an agreement when the city was handed back to China by the UK.

The intention was to help preserve the rule of law, provide expertise to local lawyers and reassure businesses and financial markets.

In June, The Independent revealed the judges were paid £40,000 with flights, accommodation and travel expenses, to sit on the court for up to a month at a time.

Lord David Neuberger and Lord Leonard Hoffmann remain on the court despite calls on them to step down.

In August, Lord Neuberger upheld the conviction of pro-democracy newspaper tycoon and UK citizen Jimmy Lai (.)

In August, Lord Neuberger was involved in a judgement which upheld the conviction of pro-democracy newspaper tycoon and UK citizen Jimmy Lai.

He voted to uphold a 14-month jail sentence for 76-year-old Beijing critic Mr Lai, who supported anti-Beijing protests in 2019 and was accused of being involved in an unauthorised assembly.

Former Hong Kong governor Chris Patten told The Independent at the time that it was “obvious” the case Lord Neuberger upheld was an “act of vengeance” by the city state’s government.

“It is a delusion for Lord Neuberger to think he is standing up for the rule of law by taking part in this sort of case,” Lord Patten told The Independent.

“The people who have been found guilty have done far more for the rule of law in Hong Kong than any British judge.”

How we highlighted Jimmy Lai’s plight in December 2023 (The Independent)

Lord Neuberger told The Independent he would not comment on his judgment as it had to “speak for itself” and previously vowed to stay on as a judge. He said he would “support the rule of law the best I can”.

The Committee for Freedom in Hong Kong Foundation, an NGO, has previously accused the Western judges of lending “their prestige to a justice system that has been undermined and co-opted by Beijing.”

A Hong Kong Court of Final Appeal spokesperson said: “He [Lord Phillips] indicated recently that he did not wish to have his term of appointment extended upon its expiry due to personal reasons.

“Lord Phillips will have completed by the end of this month four terms of office totaling 12 years.

“Despite the departure of some NPJs [non-permanent judges] in recent years, an overwhelming majority of the serving and departed have publicly reiterated their continued confidence in judicial independence in Hong Kong and the commitment of the Hong Kong courts towards upholding the rule of law.”