An Australian judge has resigned from Hong Kong's highest court amid a years-long exodus of overseas jurists following Beijing's imposition of a sweeping national security law on the Chinese finance hub.
The city's judiciary said on Friday, local time, that Robert French had cut short his term, which was meant to expire in May 2026, adding that the court's operation would not be affected.
Judge French, a former Chief Justice of Australia's High Court, said he respected Hong Kong and the "integrity and independence" of the remaining foreign judges but that the "role of the non permanent justices on the Court of Final Appeal has become increasingly anachronistic and arguably cosmetic".
Hong Kong is a common law jurisdiction separate from mainland China and invites overseas judges to hear cases at its Court of Final Appeal.
Their presence has been seen as a bellwether for the rule of law since the former British colony was handed back to China in 1997.
A Hong Kong government spokesperson "expressed regret" at Judge French's resignation and thanked him for his contributions.
Judge French first joined the Hong Kong bench in 2017.
National security law prompts exodus
Beijing passed a national security law in the former British colony in 2020, following huge and often violent pro-democracy protests the year before.
The national security law, which criminalises secession, subversion or terrorism with up to life in prison, has led to hundreds of arrests.
Since 2020, six overseas judges have quit the top court without finishing their terms.
Four others have not renewed their appointments.
On Friday, Judge French reportedly declined to comment on the national security law but said he would "reject the proposition that [overseas judges] are somehow complicit" in how the government applied that law.
British judge Jonathan Sumption resigned last year after saying Hong Kong's "rule of law is profoundly compromised", shortly after 14 pro-democracy activists were convicted of subversion.
Hong Kong's chief justice is allowed to select one foreign judge — typically retired top jurists from Britain, Australia and Canada — to serve on the five-person Court of Final Appeal at any one time.
Cases at Hong Kong's top court are typically heard by a panel of four local judges and a fifth ad hoc member, who may be a foreign judge.
The line-up of overseas judges has gone from 15 at its peak down to five.
In January, Hong Kong's chief justice said recruiting suitable overseas judges "may be less straightforward than it once was" given geopolitical headwinds.
The government has defended the security law as necessary to restore order after the 2019 protests and said the city remains a well-respected legal hub.
ABC/wires
