Hale, a British judge who left the Court of Final Appeal’s bench in 2021 citing personal reasons, told the Constitutional Studies journal that she was now more convinced that her departure was “the right thing to do” as Hong Kong’s National Security Law “has taken over the Basic Law”.
In a statement, an SAR spokesperson said any claims that the security law overrides the Basic Law were incorrect.
“The [Hong Kong National Security Law] and other laws in safeguarding national security in the HKSAR firmly adhere to the principle of the rule of law while protecting the rights and freedoms enjoyed under the Basic Law in accordance with the law,” the spokesperson said.
“When adjudicating cases of offences endangering national security, as in any other cases, judges remain independent and impartial in performing their judicial duties, free from any interference. The implementation of the [Hong Kong National Security Law] over the past five years has proven that the courts have handled all the cases involving the [Hong Kong National Security Law] strictly in accordance with the above principles.”
The spokesperson pointed out that Hale was appointed to the top court in 2018 but had never been involved in hearing any cases, adding that she had indicated in June 2021 that she would not wish to stay for another term for personal reasons “which differs from her current statement”.
