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」。
5 Oct 2024明報#4122
英大律師公會主席評港強權取代法治 律政司：不符事實 政府一直依法辦事
The UK held its annual Opening of the Legal Year ceremony recently. In a speech at a dinner on the eve of the formal ceremony, Sam Townend, chair of the Bar Council of England and Wales, referred to the rule of law in Hong Kong. Townend said Hong Kong’s rule of law was gradually being replaced by authoritarian rule and the arbitrary and unchecked power of the executive, while the respect and authority once accorded to Hong Kong were gradually being lost. He also expressed sympathy and support for the judges and barristers who remained in Hong Kong to uphold judicial fairness and independence and defend their positions as far as possible.
A spokesperson for Hong Kong’s Department of Justice said it had noted the negative comments about the rule of law in Hong Kong and stressed that it must be pointed out in the strongest terms that “the individual’s comments are completely inconsistent with the facts”. The spokesperson emphasised that the Government and the executive authorities would, as always, continue to act strictly in accordance with the law and the principles of the rule of law.
英國日前舉行法律年度開啟典禮，英格蘭和威爾斯大律師公會主席Sam Townend在正式儀式前一晚的晚宴致辭提到香港法治，Townend形容，香港法治正逐步遭強權統治，以及行政機關任意及不受制約的權力取代，昔日對香港的尊重和權威漸失。他又說，對仍在港維護司法公正及獨立、盡可能堅守陣地的法官和大律師表示同情及支持。
本港律政司發言人回應，留意到對方對香港法治的負面評論，並說必須嚴正指出「有關的個人言論與事實完全不符」，強調政府及行政機關一如既往將繼續嚴格依法及按法治原則辦事。
5 Oct 2024明報#4123
稱海外法官離任原因各異 張國鈞：有英政客輿論施壓
Nicholas Phillips, a non-permanent overseas judge of the Court of Final Appeal, recently decided not to renew his appointment for personal reasons, becoming the fifth overseas judge of the top court to leave this year. Deputy Secretary for Justice Cheung Kwok-kwan said yesterday on RTHK’s “Saturday Accountability” that judges leave for different reasons, but noted that British politicians had pressured overseas judges through public opinion and personal attacks. He hoped foreign politicians would stop trying to undermine the rule of law in Hong Kong.
Responding to Lord Sumption’s claim that Hong Kong was moving towards a totalitarian society, Cheung said individual views could not be helped. He stressed that people should not “shut their ears” to things they did not like hearing, and that the government would reform if there were problems, while rebutting statements made without evidence. He said judges’ departures were unrelated to the rule-of-law environment and that “people coming and going is normal”. He also noted that several serving or recently departed judges had given fair and positive assessments of Hong Kong’s rule of law. He added that even without overseas judges, the rule of law would not be affected, and that the public should have confidence in Hong Kong’s rule-of-law environment. If additional overseas judges were needed in future, judges from common law jurisdictions might be considered.
終審法院海外非常任法官范理申（Nicholas Phillips）早前因個人理由決定不續任，是今年第五名離任終院海外法官。副律政司長張國鈞昨在港台《星期六問責》稱，各法官離職原因不同，但留意到有英國政客透過輿論、人身攻擊等方式向海外法官施壓，希望外國政客別再嘗試破壞本港法治。
回應港邁極權論：個別睇法
法官岑耀信離任終院時撰文稱本港走向「極權社會」，張國鈞稱「個別人睇法冇辦法」，強調對「唔啱聽的說話」不應「閂埋耳仔」，若有問題會改革，惟將反駁無憑發言。他認為法官離任與法治環境無關，「有進出很正常」，亦留意到多名在任或剛離任的法官對香港法治都給予公道及肯定的評價。他續稱，即使沒有海外法官亦不影響法治，市民應對本港法治環境有信心，未來若需補充海外法官，或會將普通法轄區法官納入考量。
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。
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」。
Translations are supplied by the source workbook. Consult the original reporting for context.
