Australian judge Patrick Keane Casey's speech has sparked fierce opposition to his continued presence on the bench of Hong Kong's controversial Court of Final Appeal.
Several foreign judges left the court, with one arguing that the rule of law in Hong Kong is “deeply compromised” and that the city-state is “becoming a totalitarian state.”
Of the six remaining foreign judges (up from 15), four are Australian. Only two people, including Keane, have joined the court since the implementation of Hong Kong's national security law, which criminalizes dissent and sabotage and is seen as a political weapon against the pro-democracy movement.
On Tuesday night at Sydney's Bank Court, Keane gave a speech on Christian inspiration and constitutional wisdom that included quotes from figures as diverse as Frederick the Great, Thomas Jefferson, John Locke and British judge Lord Jonathan Sumption. Hong Kong Court of Justice.
Speculation left office in June this year, writing in an impassioned op-ed that the rule of law in Hong Kong was “deeply compromised” and that the territory was “becoming a totalitarian state.”
Sumption wrote that local judges were working in an “impossible political environment created by China.”
“I was into it.” [court] Hoping that the presence of foreign judges would help uphold the rule of law. “I am afraid this is no longer realistic,” he wrote.
Protesters holding photographs of jailed Hong Kong pro-democracy editor Jimmy Lai gathered outside the Sydney Law Courts building on Tuesday night. He was held in solitary confinement on charges (internationally considered politically motivated) of organizing illegal protests.
The Sydney protest prevented Keane from attending advertised drinks after the speech. He was supposed to attend but didn't.
Alerted to the opposition, he left the court via an alternative route, as protesters held a bright neon depiction of Lai in chains over the words “Prisoner of Conscience.”
A protester approached Keane on the street, filmed him and asked, “Do you know Jimmy Loy?”
Keane declined to comment. The Guardian sent a series of questions to Keane.
Keane, a judge at the High Court of Australia from 2013 until his retirement in 2022, previously maintained his position as a non-permanent judge at the Hong Kong court.
He told The Guardian in 2023: “I will have my own opinion on the success of the court.” [of final appeal] Their role is to uphold the rule of law, and one must be too slow to rule out the possibility of such successful judicial service.
He said the court has a long history of being “a very successful institution that has made an important contribution to Hong Kong's success” and that it is better to play a role than “empty the field.”
“You have to be very careful about refusing to do a good job because you're afraid they'll ask you to do a bad job,” he said.
But Hong Kong pro-democracy activists and advocacy groups have continued to call for foreign judges to leave the CFA court, arguing that their judicial credibility lends legitimacy to a legal system undermined by the deteriorating security environment in Hong Kong. city, in particular the National Security Law of 2020.
Critics say the court cannot claim to be completely independent of the whims of the government, and that the whims of the government are increasingly undemocratic. The final court of appeal is Hong Kong's High Court, but the government has occasionally asked the Chinese central government (which has final control over Hong Kong) to review laws after rulings it considers unfavorable.
After the Hong Kong government rejected the CFA in November 2022, it did so precisely in an effort to ban foreign lawyers from representing clients in national security cases. Prosecutors attempted to prevent British lawyer Tim Owen from appearing in court. In December, Beijing's top legislature ruled that courts must seek the approval of Hong Kong's president to admit any foreign lawyer in a national security case.
Alyssa Fong, director of the Hong Kong Freedom Committee, said it was “shocking” that Keane decided to join the court after the implementation of the National Security Law, which led to mass arrests of pro-democracy protesters. and widespread repression. Civil liberties and freedom of the press.
“As a Hong Konger, it's heartbreaking,” he said.
He said well-known figures from the international legal community sitting in the courts lend legitimacy to the authoritarian crackdown in Hong Kong.
“Following his resignation this summer, Judge Keen must reevaluate his position… and resign from the final appeals court.”
Five foreign judges have resigned from the CFA this year and 10 since the introduction of the National Security Law. Many have cited the political climate as reasons for leaving.
There are currently only six foreign judges: four Australian, including Keane, and two English. Only Keane and Australian judge James Allsopp have joined the court since the National Security Act was introduced. British judge David Newberger, who joined the court in 2009 and is hearing appeals from Lai, told The Guardian earlier this year that he still believes Hong Kong's judiciary is independent and that its legal profession is “thriving.” .
The foreign judges sit on the judiciary's panel of non-permanent judges in a five-judge court that hears final appeals. Foreign judges usually visit the city monthly. They are flown to Hong Kong on first-class tickets as determined by the Chief Justice and provided with luxury accommodation. The declared salary is around HK$400,000 (A$77,000).
