Non-permanent Judge James Spigelman of the Court of Final Appeal in Hong Kong resigned in early September, becoming the first non-permanent judge to resign after the passage of the National Security Law in Hong Kong. Spigelman was quoted in the Australian media as saying that his resignation was due to “the content of the National Security Law”. Shi’s resignation comes exactly one day after Chief Executive Carrie Lam Cheng Yuet-ngor’s statement that there is no separation of powers in Hong Kong.
It was only in July last year that Chief Executive Carrie Lam, following the recommendation of Chief Justice Geoffrey Ma, extended Shi’s term as a non-permanent judge for three years, from July 29, 2019 to July 28, 2022. In other words, Shi Jue-min resigned almost two years early.
The news of Shi’s departure was first announced by the government in Friday’s constitution, which alleged that Chief Executive Carrie Lam had revoked Shi’s appointment as a non-permanent judge of the Court of Final Appeal with retroactive effect from September 2, according to her authority under the Interpretation and General Clauses Ordinance.
In response to media inquiries, a spokesperson for the CE’s Office said, “Judge Michael Shi proposed to the Chief Executive on September 2 to resign as a non-permanent judge of the Court of Final Appeal, therefore the Chief Executive revoked his appointment in accordance with the relevant legislation. Judge Shi did not mention the reason for his resignation.” The judiciary said it had nothing to add.
ABC reporter Stephen Dziedzic later quoted Shi as responding that his decision to resign was “related to the content of the national security law”.
Shi’s resignation comes exactly one day after Chief Executive Carrie Lam Cheng Yuet-ngor’s statement that there is no separation of powers in Hong Kong. On September 1, Mrs. Lam supported Secretary for Education Nicholas Young in removing the content of the separation of powers from liberal studies textbooks, saying that there has never been a separation of powers in Hong Kong, only a division of labor and executive dominance.
Born in Poland to a Jewish family, Michael Shih fled the Nazi Holocaust as a refugee and immigrated to Australia with his family. He was active in Australian politics in his early years, serving as a senior advisor and principal private secretary to Australian Prime Minister Gough Whitlam, and later as director of the Media Bureau.
He was the Chief Justice of the Supreme Court of New South Wales from 1998 to 2011, and in 2013 he was appointed a non-permanent judge of the Court of Final Appeal of Hong Kong and served as an international arbitrator.
According to Civic Party lawmaker, Kwok Wing-kang, if Shi resigns because of the National Security Law, he fears that more foreign judges will leave or refuse to accept the appointment.
Mr. Kwok believes that if the Australian media is correct, it will harm the rule of law in Hong Kong and Hong Kong’s position as an international legal center.
Mr. Kwok said that he had supported the appointment of Shi Jueh-Min and believed that he was absolutely qualified to serve as a non-permanent judge, and that Shi Jueh-Min had a clear stance on open court hearings, due process and social justice.
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