British Lords Under Fire for Serving on Hong Kong Court Which Sentences Democracy Activists, While Swearing Allegiance to China-Controlled Region
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Two serving members of the House of Lords are under fire for serving on Hong Kong's top court - despite China imposing ever-tightening control over the province.
House of Lords members David Neuberger and Leonard Hoffmann - both former senior British judges and now crossbench peers - serve as foreign judges on Hong Kong's Court of Final Appeal, despite growing calls for them to stand down as the region rounds up democracy activists and journalists.
Judges there must swear allegiance to Hong Kong, which was previously a largely-autonomous zone of China following its handover from the Brits in 1997.
Now, however, Beijing is exerting enormous influence over governance there - not least through the draconian National Security Law passed five years ago this June.
It means that the two still-serving British peers on the court swear allegiance both to the British Crown as Lords, and to an area under the grip of the Chinese Communist Party.
Last August, Lord Neuberger stood down as chair of a legal advisory board to an international media freedom coalition he founded, after he sat on the court panel which unanimously dismissed a bid by British Hong Konger Jimmy Lai and six other pro-democracy activists to overturn their convictions for taking part in a peaceful protest in August 2019. However, he and Lord Hoffman still serve on that same panel - and remain voting members of the House of Lords.
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Dual Allegiance
A May 2024 report by the Committee for Freedom in Hong Kong Foundation highlighted that the Chinese authorities on the mainland have the power to "interpret" the Basic Law and National Security Law, allowing it to overturn supposedly "final" decisions of the Court of Final Appeal.
"Beijing has repeatedly used this power to interfere with court rulings. Additionally, the Beijing-appointed Chief Executive has authority over judicial appointments and promotions, a power that has been used to ensure that the Courts reward those who support the regime and sideline those who do not," the campaign group points out.
When approached by Byline Times, Lord Neuberger denied there is a conflict between his dual allegiances, and doesn't believe he needs to register under Britain's new Foreign Influence Registration Scheme, which is designed to track agents of foreign influence.
But the Committee for Freedom in Hong Kong Foundation says conflicts of interest are "not hypothetical", as China and Hong Kong are often discussed in the House of Lords. In November 2022, the Lords debated the question of "what assessment His Majesty's Government have made of allegations of human rights abuses in China."
"The debate repeatedly invoked the ongoing human rights abuses in Hong Kong - some of which the Lords who
Packed with exclusive investigations, analysis, and features
SUBSCRIBE TODAY
Two serving members of the House of Lords are under fire for serving on Hong Kong's top court - despite China imposing ever-tightening control over the province.
House of Lords members David Neuberger and Leonard Hoffmann - both former senior British judges and now crossbench peers - serve as foreign judges on Hong Kong's Court of Final Appeal, despite growing calls for them to stand down as the region rounds up democracy activists and journalists.
Judges there must swear allegiance to Hong Kong, which was previously a largely-autonomous zone of China following its handover from the Brits in 1997.
Now, however, Beijing is exerting enormous influence over governance there - not least through the draconian National Security Law passed five years ago this June.
It means that the two still-serving British peers on the court swear allegiance both to the British Crown as Lords, and to an area under the grip of the Chinese Communist Party.
Last August, Lord Neuberger stood down as chair of a legal advisory board to an international media freedom coalition he founded, after he sat on the court panel which unanimously dismissed a bid by British Hong Konger Jimmy Lai and six other pro-democracy activists to overturn their convictions for taking part in a peaceful protest in August 2019. However, he and Lord Hoffman still serve on that same panel - and remain voting members of the House of Lords.
Don't miss a story
SIGN UP TO EMAIL UPDATES
Dual Allegiance
A May 2024 report by the Committee for Freedom in Hong Kong Foundation highlighted that the Chinese authorities on the mainland have the power to "interpret" the Basic Law and National Security Law, allowing it to overturn supposedly "final" decisions of the Court of Final Appeal.
"Beijing has repeatedly used this power to interfere with court rulings. Additionally, the Beijing-appointed Chief Executive has authority over judicial appointments and promotions, a power that has been used to ensure that the Courts reward those who support the regime and sideline those who do not," the campaign group points out.
When approached by Byline Times, Lord Neuberger denied there is a conflict between his dual allegiances, and doesn't believe he needs to register under Britain's new Foreign Influence Registration Scheme, which is designed to track agents of foreign influence.
But the Committee for Freedom in Hong Kong Foundation says conflicts of interest are "not hypothetical", as China and Hong Kong are often discussed in the House of Lords. In November 2022, the Lords debated the question of "what assessment His Majesty's Government have made of allegations of human rights abuses in China."
"The debate repeatedly invoked the ongoing human rights abuses in Hong Kong - some of which the Lords who
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