British judge on Hong Kong’s top court, facing criticism, quits media freedom group’s advisory panel

British judge David Neuberger was also a former president of the Supreme Court in the UK. (AFP file photo)

• David Neuberger announced his decision to step down as chair of the High Level Panel of Legal Experts on Media Freedom
• He had raised the possibility of leaving the advisory panel some months ago because he had been in the post for nearly five years

HONG KONG: A British judge who was part of a Hong Kong court panel that unanimously dismissed an appeal from imprisoned prominent publisher Jimmy Lai and six former pro-democracy lawmakers has quit his position on an advisory board to an international media freedom group because of concerns over his role on the city’s top court.
David Neuberger, a non-permanent overseas judge on Hong Kong’s highest court, announced his decision to step down as chair of the High Level Panel of Legal Experts on Media Freedom in a statement dated Wednesday. The panel advises the Media Freedom Coalition, a partnership of countries that advocates for media freedom.
Neuberger, also a former president of the Supreme Court in the UK, said he had raised the possibility of leaving the advisory panel some months ago because he had been in the post for nearly five years and there were concerns raised about his role in Hong Kong.
“I have now concluded that I should go now, because it is undesirable that focus on my position as a non-permanent Judge in Hong Kong should take away, or distract, from the critical and impactful work of the High Level Panel,” he 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 top court.
Neuberger’s announcement came days after he and four other judges at the court ruled against an appeal brought by Lai and the six former pro-democracy lawmakers over their convictions linked to their roles in one of the biggest anti-government protests in 2019.
That ruling has drawn criticism of Neuberger from activists and Hong Kong’s last British governor, Chris Patten. The British media outlet The Independent also ran two critical articles about the judge and the ruling.
In a statement on Tuesday, Neuberger insisted his role as a judge in Hong Kong is to decide cases that come before him according to the law.
The Hong Kong government also condemned Patten’s “wanton personal vilifications” of 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.
Its director of campaigns, Rebecca Vincent, said it has been disappointed by Neuberger’s continued involvement with the Hong Kong courts during an unprecedented decline in media freedom and rule of law in the city. Vincent is also a member of the consultative committee to 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 about the government, were forced to close in 2021 following the arrests of their top management.
The Hong Kong government insists that the security law brought back stability to the city and that its people still enjoy press freedoms.
In June, two other British non-permanent judges resigned from the top court. One of the judges, Jonathan Sumption, said he stepped down because rule of law in the city is in “grave danger” and judges operate in an “impossible political environment created by China.”
The other, Lawrence Collins, said his resignation was “because of the political situation in Hong Kong.” But he said he continues “to have the fullest confidence in the court and the total independence of its members.”
Hong Kong currently has seven non-permanent overseas judges.