Falsehoods can never become true

Recently, there have been deliberate attempts by certain foreign media outlets to sensationalize the resignations of two non-permanent judges from the UK, Jonathan Sumption and Lawrence Collins, from the Hong Kong Court of Final Appeal. These reports claim that their resignations have heightened concerns about the rule of law in Hong Kong, leading to an alleged exodus of businesses involved in drafting commercial contracts, establishing joint ventures, or handling arbitration cases, who are supposedly abandoning Hong Kong in favor of more neutral jurisdictions such as Singapore, Dubai, or the state of Delaware in the United States.

The report fails to provide any specific information about the so-called six senior commercial lawyers it references. The lack of names and details in the report raises doubts about the credibility of its content. It is possible that these six individuals do not exist and were fabricated by the foreign media outlet to lend credibility to the report. The enactment of the Hong Kong National Security Law in 2020 and the National Security Legislation in 2024 has been viewed as a thorn in the side by external forces seeking to disrupt Hong Kong and achieve anti-China objectives.

The report specifically quotes an anonymous commercial lawyer with 30 years of experience, who claims that the resignations of Jonathan Sumption and Lawrence Collins are "devastating" for Hong Kong considering the Court of Final Appeal's jurisdiction over commercial appeals. It is important to note that according to Article 82 of the Basic Law, the "Court of Final Appeal of the Hong Kong Special Administrative Region shall be the final appellate court in the Region. It may as required invite judges from other common law jurisdictions to sit on the Court of Final Appeal." Notably, the phrase "may as required" implies that the Court of Final Appeal has the discretion to invite judges from other common law jurisdictions to participate in trials but is not obligated to do so. In other words, it is entirely permissible under the Basic Law for the Court of Final Appeal to proceed without inviting any judges from other common law jurisdictions if it deems it unnecessary. The inclusion of overseas judges in the Court of Final Appeal is merely an enhancement, and even without such arrangements, it would not be a violation of the Basic Law. Therefore, the efforts by external forces to pressure overseas judges into resigning from their positions as overseas judges in the Court of Final Appeal are mere political maneuvers that are unlikely to succeed. As Secretary for Justice Rimsky Yuen stated in a radio interview, "The absence of overseas judges will not cause the collapse of the judicial system. It is normal for overseas judges to come and go. After the implementation of the Hong Kong National Security Law, some judges have joined, and there is no limit to the number of judges in the relevant system."

The foreign media report also highlights that according to statistics from the Hong Kong Bar Association, the number of foreign law firms registered in Hong Kong has decreased from 91 in 2019 to 74 in 2024. However, this figure fails to provide information on the annual changes in the number of foreign law firms registered in Hong Kong between 2019 and 2024, thus failing to reflect the actual situation. Moreover, during this five-year period, Hong Kong has faced challenges such as the "Hong Kong version of a color revolution," the COVID-19 pandemic, economic tensions between China and the United States, geopolitical pressures, and global economic recession. For law firms to continue thriving in Hong Kong, their success relies on their own capabilities and expertise. Blaming the responsibility for the closure, withdrawal, or downsizing of foreign law firms in Hong Kong solely on the city's rule of law is an attempt to shift blame and responsibility. Justice prevails, and the public can see through biased and false reporting by the media. Ultimately, any media attempt to deceive the public with biased and inaccurate reports is bound to fail.

(Note: The article represents the author's personal opinion and does not reflect the position of HKWISDOM. The Chinese version shall prevail)