22 Dec 2025追光者#7720
蘋果案|岑耀信批「西方將香港拱手相讓予極權主義」 外交部駐港公署再批英美在黎案「指手劃腳」
Jonathan Sumption, a former non-permanent overseas judge of Hong Kong’s Court of Final Appeal, recently published an article in the British magazine New Statesman entitled “The West has abandoned Hong Kong to totalitarianism”. He said the “Jimmy Lai case” bore the hallmarks of Hong Kong’s transformation into a totalitarian society, and quoted an unnamed senior judge of Hong Kong’s Court of Appeal as asking what Britain and other Western countries could offer the city “apart from moralising and a second passport”.
Sumption criticised the Hong Kong court’s evidential reasoning in finding that Jimmy Lai had “colluded with foreign forces”, describing it as exceptionally thin. He said most of the reasoning relied on Lai’s criticisms of the National Security Law in interviews or columns in Apple Daily, as well as private conversations with his assistant Mark Simon. Sumption considered the court’s inferences to be “strained”, and said they disregarded the protections for “freedom of speech, the press and publication” under the International Covenant on Civil and Political Rights.
前香港終院海外非常任法官岑耀信(Jonathan Sumption)近日在英國評論雜誌《新政治家》(New Statesman)發表題為《西方已將香港拱手相讓予極權主義》(The West has abandoned Hong Kong to totalitarianism)文章,指「黎智英案」是香港極權化的標誌(hallmarks),又不具名引述一位香港上訴庭資深法官,批評英國及其他西方國家「除了道德說教和第二本護照外,還能為這座城市提供甚麼?」
岑耀信在文中批評香港法庭裁定黎智英「勾結外國勢力」的證據推論極其薄弱(exceptionally thin),大部分採用黎智英在《蘋果日報》的訪問或專欄中對《國安法》的批評,以及與助理Mark Simon的私人對話。岑耀信認為法庭這些推論都是「牽強附會」,無視《公民權利和政治權利國際公約》中對「言論、新聞、出版的自由」的保障。
18 Oct 2024法庭線#4158
前海外法官岑耀信再批評港法治及裁決 司法機構:冒犯法庭 港府:絕不同意
Jonathan Sumption, who resigned early this year as a non-permanent overseas judge of Hong Kong’s Court of Final Appeal, discussed Hong Kong’s rule of law again on a legal podcast. He said he respected British judge David Neuberger, who remains in office, and believed his ruling in the “8.18 procession-style assembly case” was entirely correct and consistent with British precedents. He also said that riots did occur in 2019, and that it was absurd to say otherwise.
Sumption also revisited his views on the National Security Law. He described the presumption against granting bail and the harsh minimum sentences as repugnant, but said that, because the law contained provisions safeguarding human rights, he had at one point believed it would be enforced moderately and that overseas judges could provide assistance. He cited an appellate judge as saying that the atmosphere in Hong Kong had significantly affected judges’ decisions, and that the Judiciary could not wage a “guerrilla war” against the Chinese government. He described local judges as being in difficult circumstances that were not understood by outsiders, and to some extent victims. He also criticised the rulings in the 47-person case, the Stand News case and Jimmy Lai’s fraud case, describing them as absurd and extreme.
The Judiciary said it completely disagreed with any claim that judges handled cases based on political or other irrelevant considerations, or that the rule of law had been weakened. “These serious allegations are inconsistent with the facts and are also offensive to the courts and judges.” The government said it completely disagreed with Sumption’s biased views, stating that courts had absolutely not been subject to any political pressure from the central or Hong Kong governments when hearing cases, and that there had been no regression in the rule of law. “Anyone who reaches the opposite conclusion, whatever their reasons or motives, is completely wrong and entirely without basis.”
今年提早辭任終院海外非常任法官的岑耀信,在法律 Podcast 節目再論香港法治,指尊重繼續留任的英國法官廖柏嘉,並認為他在「8.18 流水式集會案」的裁決絕對正確,符合英國判例。他又提及 2019 年確實發生暴動(Riots),若說沒有發生是荒謬。
岑耀信亦再談對《國安法》的看法,形容拒絕保釋的假定、嚴苛的最低刑期令人厭惡,但因有保障人權的條文,他一度相信會溫和地執法,而海外法官能予協助。他引述有上訴庭法官指,香港的氛圍顯著影響法官判決,司法機構不能和中國政府打「游擊戰」。他形容本地法官處於外界不理解的艱難處境,某程度上是受害者,亦批評 47 人、立場及黎智英欺詐案的裁決,形容是荒謬、極端。
司法機構指,絕不同意任何指稱法官以政治或其他無關考慮處理案件,又或法治已被削弱的說法,「這些嚴重的指控不符事實,也是對法庭和法官的冒犯」。政府則指,極不同意岑耀信的偏頗意見,指法院在審案時,絕對沒受到中央或特區政府的任何政治壓力,法治亦無任何倒退,「任何人士無論出於甚麼理由或動機而提出相反結論,都是完全錯誤和毫無根據」。
14 Jun 2024獨媒#3691
張國鈞稱香港法治從不建基於海外法官 不點名指岑耀信犯「法治大忌」
The case involving 47 people has attracted attention in Hong Kong and overseas. Jonathan Sumption, who resigned as a non-permanent judge of the Court of Final Appeal, described the matter as the “last straw”. In the latest development, Lawrence Wai Chung Lau and Yue Shun Lee, who were acquitted, were involved in an appeal by the Department of Justice against only Lawrence Wai Chung Lau. Deputy Secretary for Justice Cheung Kwok-kwan commented to the media today on Sumption’s resignation. He said that Hong Kong’s rule of law had never been based on the system of non-permanent judges, and, without naming Sumption, criticised him for interfering with legal proceedings by making comments, calling this a “major taboo” of the rule of law. He believed that non-permanent judges of the Court of Final Appeal “coming and going” was entirely normal.
Deputy Secretary for Justice Cheung Kwok-kwan met reporters after concluding his visit to Beijing. He said Xia Baolong, director of the Hong Kong and Macao Work Office, had “affirmed” the spirit of “fearlessness, impartiality, selflessness and honesty” among judges at all levels in Hong Kong. Cheung also quoted Xi Jinping as saying at the 20th Party Congress that “unity is strength”. He said Hong Kong’s judicial and legal sectors would stand united, uphold the rule-of-law principle, safeguard Hong Kong’s “golden signboard” of the rule of law, and promote the city’s development “from stability to prosperity”.
47人案惹來中外關注,辭任終審法院非常任法官的岑耀信形容事件是「最後一根稻草」。事態最新發展,是被判無罪的劉偉聰和李予信,只有劉偉聰被律政司上訴。律政司副司長張國鈞今向傳媒評論岑耀信辭職一事,他指香港法治從來「不是基於非常任法官制度上」,他又不點名批評岑耀信作出評論干預法律程序是「法治大忌」,他相信終院非常任法官「進進出出」,是非常正常的事情。
律政司副司長張國鈞在結束訪京後見記者,他表示港澳辦主任夏寶龍「肯定」香港各級法官的「無懼、無偏、無私、無欺」精神。張又引述習近平在二十大提到「團結就是力量」,稱香港司法法律界團結一致,堅守法治理念,定維護香港法治「金漆招牌,推動香港「由治及興」的發展。
13 Jun 2024法庭線#3682
港澳辦、建制派發文斥攻擊抹黑法治 岑耀信續受訪稱香港民主處「維生狀態」
After former UK Supreme Court justice Jonathan Sumption resigned early as an overseas non-permanent judge of Hong Kong’s Court of Final Appeal, he gave a series of interviews criticising Hong Kong’s rule of law and the verdict in the Hong Kong 47 case.
The Hong Kong and Macao Work Office published an article on Wednesday (12th), accusing Sumption of attacking and smearing Hong Kong’s rule of law. It said that “putting politics above facts and the law is biased political speculation and malicious political hype”, and accused him of making a “180-degree turn” from his position in 2021, criticising him for “willingly serving external forces to interfere in Hong Kong affairs”. The pro-establishment camp also rebutted Sumption in newspaper articles.
Sumption also gave an interview to the UK’s Sky News, saying that after the National Security Law, life had become difficult in Hong Kong for those who opposed government policies and pursued democracy. He again denied that he was discussing politics, saying he was pointing out how politics affected the judiciary. He described Hong Kong’s democracy as not having disappeared, but as being “on life support”.
英國最高法院前法官岑耀信(Jonathan Sumption)提早辭任香港終審法院海外非常任法官後,接連受訪批評香港法治及 47 人案裁決。
港澳辦周三(12 日)刊載文章,指岑耀信攻擊及抹黑香港法治,「以政治淩駕事實和法律,是充滿偏見的政治臆斷和惡意的政治炒作」,又指他與 2021 年時「180° 大轉彎」,批評「心甘情願為外部勢力干預香港事務效力」。建制派亦在報章反駁岑耀信。
岑耀信亦接受英國《天空新聞台》訪問,指《國安法》後,在香港反對政府政策、追求民主者的生活變得艱難,他再次否認自己談論政治,稱是要點出政治如何影響司法。他又形容,香港的民主雖未消逝,但處於「維生狀態」(it is on life support)。
12 Jun 2024法庭線#3679
岑耀信《BBC》訪問 稱47人案是決定辭任「最後一根稻草」 否認談政治
After resigning early as an overseas non-permanent judge of Hong Kong’s Court of Final Appeal, former UK Supreme Court justice Jonathan Sumption wrote in the Financial Times on Monday that the rule of law in Hong Kong was “in grave peril”. He told the BBC in an interview on Tuesday that the 47-person case was the “last straw” in his decision to resign.
The interviewer referred to Chief Executive John Lee Ka-chiu’s “very strong reaction”, including his statement that judges’ professionalism was not about politics. Sumption said he was not discussing politics, but believed the situation in Hong Kong had become increasingly bleak. He added that the verdict in the 47-person case showed that some judges were willing to ensure the success of Beijing’s actions against pro-democracy figures, describing this as “very unfortunate”.
The Hong Kong government responded to Sumption’s article in a lengthy statement several days ago, saying it strongly disagreed with his views and that the courts had “absolutely not been subject to any political pressure from the Central or HKSAR governments”, while the rule of law in Hong Kong had not regressed in any way. Chief Executive John Lee said he regretted that Hong Kong judges had been “betrayed by their colleagues”. Chief Justice Andrew Cheung Kui-nung said serious allegations “must be supported by specific and sufficient reasons and should never be made lightly”.
英國最高法院前法官岑耀信(Jonathan Sumption)提早辭任香港終審法院海外非常任法官後,周一在《金融時報》撰文指「香港法治岌岌可危」。他周二再接受《BBC》訪問,指 47 人案是他決定辭任的「最後一根稻草」。
主持提及特首李家超「非常強烈反應」,包括指法官的專業不在政治。岑耀信指,他並非談論政治,而是認為香港的情況變得越來越昏暗,續指 47 人案的裁決,反映有法官願意確保北京針對支持民主人士的行動成功,形容「非常不幸」。
港府日前以長文回應岑耀信的文章,指極不同意他的意見,指法院「絕對沒有受到中央或特區政府的任何政治壓力,香港法治亦無任何倒退」。特首李家超稱,對香港法官「被同事背棄」感遺憾。終院首席法官張舉能指,嚴重指控「必須理據具體且充分,絕不應輕率作出」。
11 Jun 2024集誌社#3666
回應岑耀信批法治倒退 特首:不干預法官審訊是香港的基因
Lord Sumption, who earlier resigned as an overseas non-permanent judge of the Court of Final Appeal, wrote an article criticising the decline of Hong Kong’s rule of law. Responding to reporters’ questions on the 11th, Chief Executive John Lee said that not interfering with judges’ trials is part of Hong Kong’s “gene”. He also said that British officials and politicians, as well as anti-China and anti-Hong Kong media, had openly threatened to impose sanctions on judges before, during and after trials, trampling on the rule of law.
Andrew Li, the Court of Final Appeal’s first Chief Justice, and Chief Justice Andrew Cheung also issued statements in response. Li said he regretted the retirement of the three overseas judges, but said that “more importantly, everyone should uphold their responsibilities and continue moving forward, rather than dwelling on the past”. Cheung said that any claim that judges’ decisions had been influenced by political or other external considerations “constitutes a serious allegation, which must be made on specific and sufficient grounds and should never be made lightly”.
較早前請辭的終審法院海外非常任法官岑耀信,撰文批評香港法治倒退,特首李家超今(11日)回應記者提問時表示,不干預法官審訊是香港的基因,又指英國官員、政客,反華反港媒體,在審訊前、期間、審訊後,公然恐嚇制裁法官,踐踏法治。
終院首任首席法官李國能、現任首席法官張舉能亦發聲明回應事件。李國能對三名海外法官引退表示遺憾,但指「更重要的是大家要秉持承擔繼續前行,而非沉溺過去」;張舉能則指任何指稱法官裁決,受到政治或其他外來考慮影響的說法,「都屬嚴重指控,必須理據具體且充分,絕不應輕率作出」。
11 Jun 2024明報#3667
前終院海外法官岑耀信指本港變「極權社會」 李家超:法官專業應在法律而非政治
Jonathan Sumption, who announced his resignation as a non-permanent overseas judge of the Court of Final Appeal last week, wrote in the Financial Times that he had previously remained on the court in the hope of helping to uphold the rule of law, but that this was “probably no longer realistic”; he added that others were less pessimistic and that he hoped they would prove to be right. He described Hong Kong as once having been a vibrant and politically pluralistic society, but as slowly becoming a “totalitarian society”. The HKSAR Government said it strongly disagreed with Sumption’s remarks, and that the claim that Hong Kong is “totalitarian” was absolutely untrue. Chief Executive John Lee, speaking before this morning’s Executive Council meeting, said judges’ professionalism lay in their legal knowledge and experience, not politics. He said judges might like or dislike a particular political system or law, but they must correctly interpret legislation according to legal principles and the evidence, rather than from the standpoint of their political positions.
上周宣布辭任終審法院非常任法官的岑耀信(Jonathan Sumption)在《金融時報》撰文,稱之前留任終院是希望有助維護法治,惟「恐怕已不再現實,其他人沒有那麼悲觀,我希望他們會證實是對的」;並形容香港曾是充滿活力和政治多元的社會,但正慢慢變成「極權社會」。特區政府表示極不同意岑耀信言論,「極權」說法絕非事實。特首李家超今早出席行會前回應事件,指法官專業在於法律知識同經驗而非政治,稱法官可喜歡或不喜歡某一政治制度或法律,但法官要按法律原則和證據正確詮釋法例,而非從其政治立場出發。
11 Jun 2024香港人權資訊中心#3669
港人權團體回應岑耀信法官辭任:痛心但理解
Lord Sumption, an overseas non-permanent judge of Hong Kong’s Court of Final Appeal, recently resigned and wrote an article in a newspaper on 10 June explaining the reasons for his resignation. A spokesperson for the Hong Kong Human Rights Information Centre said it was deeply saddened that a judge committed to upholding the rule of law had resigned because of his disappointment with the rule of law in Hong Kong, but also understood his decision and was grateful to him for speaking out about Hong Kong’s rule-of-law situation. The centre hoped Lord Sumption’s article would alert members of the legal profession in Hong Kong and other countries, and become a starting point for saving Hong Kong’s judicial independence and rule-of-law environment.
香港終審法院海外非常任法官岑耀信於日前請辭,並在6月10日於報章上撰文解釋其辭任原因。香港人權資訊中心發言人表示,對於堅守法治的法官因對香港的法治失望而辭職,深感痛心,但同時理解其決定,並感激其為香港的法治情況發聲。我們期望岑官的文章能引起香港及其他國家的法律界人士的警惕,成為挽救香港的司法獨立及法治環境的啟始。
Translations are supplied by the source workbook. Consult the original reporting for context.