Hong Kong’s Top Court Loses Another Foreign Judge as Nicholas Phillips Resigns

Justice Nicholas Phillips stepped down from Hong Kong’s Court of Final Appeal on Sep. 30 (Photo: GovUK)

British judge Nicholas Phillips has become the latest overseas justice to resign from Hong Kong’s Court of Final Appeal, stepping down on Sep. 30. While Phillips described his decision as “personal, not political,” his departure marks the tenth resignation of an overseas judge from the city's highest court since the enactment of their National Security Law in 2020, raising concerns about China's commitment to a "one country, two systems" political structure.

Both China and Hong Kong maintain that the National Security Law, which targets acts of dissent and subversion, has not diminished the city’s autonomy, instead emphasizing its necessity in response to a decade of pro-democracy protests. However, critics, including former overseas judge Jonathon Sumption, argue that the law has been too broadly applied to shut down independent media and peaceful opposition. Sumption specifically references the May 2024 conviction of fourteen pro-democracy activists linked to organizing unofficial Legislative Council primaries – Hong Kong’s largest national security case to date. This verdict followed the introduction of Article 23 in March, which criminalizes additional offenses and legalizes closed-door trials. 

In an op-ed published in the Financial Times, Sumption details Hong Kong’s slide into a “totalitarian state,” where the judiciary is increasingly subject to Chinese interpretation alongside the National Security Law. He highlights the continuous calls for “judicial patriotism” from compliant media and the public backlash that follows rare acquittals. Sumption, along with fellow British judge Lawrence Collins, resigned from the Court of Final Appeal in June, citing the city's "profoundly compromised" rule of law. In response, Chief Justice Andrew Cheung rejected claims that Hong Kong’s courts are influenced by Beijing, stressing that the judiciary remains committed to protecting fundamental rights while ensuring national security. However, the steady resignation of overseas judges challenges this assertion. While fifteen overseas justices served on the court in 2019, Phillips’ recent departure leaves only six remaining– two from the UK and four from Australia.

A spokesperson for the judiciary expressed gratitude to Phillips for his contribution to upholding the rule of law in Hong Kong while maintaining a positive outlook for the court’s future. “An overwhelming majority of the serving and departed NPJs have publicly reiterated their continued confidence in judicial independence in Hong Kong,” the spokesperson stated, adding that the court will continue to seek overseas candidates to fill the bench. 

The CFA faces difficulty as backlash against judges increases (Photo: AP Photo/Kanis Leung)

However, the court’s efforts to recruit new judges face obstacles, as pro-democracy groups accuse those remaining justices of legitimizing an oppressive system. In response to Phillips’ resignation, Alyssa Vong, manager of The Committee for Freedom in Hong Kong Foundation, called on the other justices to “immediately follow suit” in a statement to VOA. She criticized those who remain, saying, “It is dumbfounding that some judges continue to choose to ruin their reputations and their integrity for the Hong Kong authorities and Chinese Communist Party.” Recently, British judge David Neuberger faced backlash for supporting charges of unauthorized assembly against Jimmy Lai, founder of the now-defunct Apple Daily newspaper.  

The coming years will be pivotal in shaping the future of Hong Kong’s Court of Final Appeal as its remaining overseas judges near the end of their terms. While David Neuberger has affirmed his intention to stay on the court, 90-year-old Leonard Hoffman, who has served since 1998, will reach the end of his term in January 2025. Australian judge William Gummow’s term will also conclude next year, with the remaining three Australian justices set to finish their terms between 2026 and 2027. As the court faces this impending turnover, its ability to uphold judicial independence amid ongoing political pressures remains uncertain, leaving many to question what the future holds for Hong Kong’s once-revered judiciary.