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Opinion | Withdrawal of judges underlines UK’s resolve to stand up for rights and freedoms of Hong Kong people

  • The national security law has made the role British judges have played in safeguarding Hong Kong’s rule of law untenable, yet their withdrawal is by no means a sign of the UK’s waning support
  • Instead, the move underlines London’s determination to stand up for the city’s rights and freedoms

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Hong Kong’s Court of Final Appeal in Central, seen on February 1, 2021. Photo: Bloomberg

Hong Kong has long been a shining beacon of enterprise, brimming with dynamism and culture, through its fundamental rights and freedoms. That is why we agreed with China under the Sino-British Joint Declaration to commit to uphold its freedoms, an independent judiciary, and the rule of law.

Nearly 25 years ago, our Chinese partners reiterated their intention at the handover to uphold these legally binding commitments. Then president Jiang Zemin made clear that the people of Hong Kong would enjoy “rights and freedoms according to law”. But we have been alarmed by the scale of deterioration since then.

The situation has never been worse. The imposition of the national security law, China’s new rules to qualify elected legislators and changes to Hong Kong’s elections constitute clear and serious breaches of the Sino-British Joint Declaration.

We now consider Beijing to be in a state of ongoing non-compliance with this international agreement. It is registered with the United Nations and remains in force, mandating that Hong Kong’s autonomy, rights and freedoms should remain unchanged for at least 50 years. As a co-signatory, the United Kingdom is fully committed to what has been agreed.

That is why we cannot – and will not – turn a blind eye to what has been going on. We are seeing the chilling consequences as national security law cases proceed through the courts. Dissent is being criminalised, with pro-democracy activists jailed and opposition voices stifled. And the trajectory remains negative.

Almost all of Hong Kong’s pro-democracy opposition are now either detained, arrested or have been hounded out. As a result, there is no meaningful opposition left in the legislature, as demonstrated by the 2021 Legislative Council election.
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