David Neuberger, a British judge serving on Hong Kong's highest court, has stepped down from his position as chair of the High Level Panel of Legal Experts on Media Freedom. This decision, announced on August 14, 2024, comes in the wake of growing concerns about his role in Hong Kong's judicial system.
The resignation follows a recent ruling by Neuberger and four other judges, who unanimously dismissed an appeal from imprisoned publisher Jimmy Lai and six former pro-democracy lawmakers. The case was related to their involvement in significant anti-government demonstrations that took place in 2019.
This decision has drawn criticism from various quarters, including activists and Chris Patten, Hong Kong's last British governor. The British media outlet The Independent also published critical articles about the judge and the ruling.
In response to the criticism, Neuberger stated:
"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."
[[David Neuberger's statement]]
The Hong Kong government swiftly condemned what it termed as "wanton personal vilifications" of Neuberger by Patten.
This incident highlights the ongoing tensions between Hong Kong's judicial system and international perceptions of media freedom and rule of law in the city. Hong Kong, a former British colony, returned to Chinese rule in 1997 and operates under a common law system, unlike mainland China's civil law system.
The city's media landscape has undergone significant changes since the implementation of a national security law by Beijing in 2020. Notable pro-democracy media outlets, such as Apple Daily and Stand News, were forced to cease operations in 2021 following the arrests of their top management.
Neuberger's resignation is not an isolated incident. In June 2024, two other British non-permanent judges resigned from Hong Kong's top court. One of them, Jonathan Sumption, cited concerns that the rule of law in the city is in "grave danger" and that judges operate in an "impossible political environment created by China."
Despite these resignations, Hong Kong currently retains seven non-permanent overseas judges on its highest court. The Hong Kong government maintains that the national security law has restored stability to the city and that press freedoms are still protected.
The Media Freedom Coalition, an international partnership advocating for media freedom, will need to address the impact of Neuberger's departure on its advisory panel. This development underscores the complex interplay between judicial independence, media freedom, and political pressures in Hong Kong's evolving landscape.
As Hong Kong continues to navigate its unique position under the "one country, two systems" principle, the international community remains watchful of developments in the city's judicial and media sectors. The ongoing debate surrounding these issues reflects the broader challenges facing Hong Kong as it balances its legal traditions with the political realities of its relationship with mainland China.