Hong Kong’s government has called a small, peaceful demonstration in Australia against a top court judge “despicable,” alleging that it was a case of “blatantly interfering with ongoing criminal proceedings.”
Demonstrators had picketed a speech by Australian judge Patrick Keane on Tuesday over his role on Hong Kong’s Court of Final Appeal.
Keane was giving an address at Sydney’s Banco Court titled Christian Inspiration and Constitutional Insights. The protesters held pictures of jailed Hong Kong pro-democracy media tycoon Jimmy Lai, along with a flashing neon sign saying “prisoner of conscience.”
In a Thursday statement, a government spokesperson said Hong Kong’s rule of law and independent judicial power were guaranteed: “[A]ny attempt by any organisation or individual to exert pressure on judges and judicial officers, and interfere with the criminal justice process by means of political power or any other means, is clearly a reprehensible act undermining the rule of law of the HKSAR and should be vehemently condemned.”
According to the Guardian, the protest appeared to prevent Keane from attending post-event drinks. One of the activists reportedly approached the judge in the street, asking him: “Do you know Jimmy Lai?” Keane – who has previously defended his role on Hong Kong’s apex court – did not respond to the protester, nor the Guardian’s request for comment.
In regards to Lai’s national security case, the Hong Kong government spokesperson said hearings were evidence-based and fair: “relevant legal proceedings are still ongoing, it is inappropriate for any person to comment on the details of the case or exert improper interference.”
Nevertheless, last December, China Foreign Ministry Spokesperson Wang Wenbin said that Lai was the “main planner and participant of the anti-China and destabilising Hong Kong incidents.” It came a month after the South China Morning Post quoted security chief Chris Tang as saying that Lai’s trial would show how “bad” his actions had been.
Foreign judges
Under an arrangement set up after Hong Kong’s return to China in 1997, overseas judges in the Court of Final Appeal are flown to Hong Kong on an ad-hoc basis, with a visit typically lasting 29 days. The presence of international judges has historically given credibility to Hong Kong’s common law legal tradition.
In September, the Judiciary announced that Briton Nicholas Phillips did not wish to extend his tenure upon its expiry at the end of the month.
UK judges Lawrence Collins and Jonathan Sumption, as well as Canadian judge Beverley McLachlin, also announced their departure from the court this year, with the British judges both citing politics. Australian judge Murray Gleeson retired in March citing his age. None have yet been replaced.
After stepping down, Sumption said that the rule of law had been “profoundly compromised” and that the city was “becoming a totalitarian state.” His comments were condemned by the Hong Kong authorities who insist judicial independence is intact.
