Hong Kong Loses Fifth Foreign Judge This Year as Record Exodus Extends

(Bloomberg) -- A record fifth foreign judge will leave Hong Kong’s top court this year, further thinning the ranks of overseas jurists whose presence was seen as a selling point for foreign companies looking to do business in the Asian finance hub.

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Nicholas Phillips, a member of the UK House of Lords, won’t extend his term as a non-permanent judge at the city’s Court of Final Appeal when it expires Monday, according to a spokesperson for the judiciary. Phillips, 86, cited “personal reasons” for his decision after serving since 2012, the person said.

His departure comes after a spate of judges exiting the court, with some resigning due to political reasons. Former overseas judge Jonathan Sumption sent shockwaves across the legal sector when he quit in June, citing a Beijing-imposed national security law that authorities have used to crush dissent.

Hong Kong Free Press reported Phillips’ decision earlier Monday.

Only six foreign judges will remain on the court after Phillips’ departure, down from 15 in 2019, a level last seen in the early years following the British colony’s return to Chinese rule.

“An overwhelming majority of the serving and departed NPJs have publicly reiterated their continued confidence in judicial independence in Hong Kong,” the judicial spokesperson said of the non-permanent judges, adding the court will continue to identify suitable local and overseas candidates for appointment.

Two judges’ contracts are set to expire next year, including 90-year-old Leonard Hoffmann. Without new appointments or term renewals, that would leave the CFA with four overseas judges, as many as it had when the court was founded in 1997.

--With assistance from Spe Chen.

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