UK’s Nicholas Phillips steps down as Hong Kong top court judge, cites ‘personal reasons’ for not extending
Hong Kong Free Press
A foreign top court judge has stepped down from Hong Kong’s Court of Final Appeal (CFA), declining to extend his tenure for “personal reasons,” the Judiciary has told HKFP. Briton Nicholas Phillips, 86, is the fourth foreign judge to depart the apex court this year.
In an emailed response to HKFP on Saturday, a Judiciary spokesperson said that the common law Non-Permanent Judge (NPJ) had sat on the CFA since October 1, 2012: “He indicated recently that he did not wish to have his term of appointment extended upon its expiry on 30 September 2024 due to personal reasons. Lord Phillips will have completed by the end of this month four terms of office totalling 12 years.”
Explainer: Why do foreign judges sit on Hong Kong’s top court?
UK judges Lawrence Collins and Jonathan Sumption, as well as Canadian judge Beverley McLachlin, also announced their departure from the court this year, with the British judges both citing politics. None have yet been replaced.
The Judiciary praised Phillips’ “valuable contributions” and support of the rule of law on Saturday. “Despite the departure of some NPJs in recent years, an overwhelming majority of the serving and departed NPJs have publicly reiterated their continued confidence in judicial independence in Hong Kong and the commitment of the Hong Kong courts towards upholding the rule of law,” the spokesperson said.
A British Lord, Phillips was appointed to the CFA in 2012 by then-chief executive Leung Chun-ying. He was awarded a Gold Bauhinia Star in 2023.
Previously, Phillips was the most senior judge in England and Wales from 2005 to 2008, and held the position of inaugural President of the Supreme Court of the United Kingdom between October 2009 and October 2012.
Overseas judges are flown to Hong Kong on an ad-hoc basis, with a visit typically lasting 29 days. The Independent revealed that British were judges were typically paid £40,000 (HK$399,225) per visit, with flights, accommodation and travel also expensed.
When Sumption quit in June, he wrote a strongly-worded Financial Times opinion piece stating that judges’ freedoms had been “severely limited” amid an “oppressive atmosphere” and paranoia among the authorities. The government, in turn, said in a statement that such ideas were “utterly wrong, totally baseless, and must be righteously refuted.”
Phillips’ chambers did not respond to a request for comment. However, in a joint statement with other judges last year, Phillips said he was “entirely satisfied” with the independence and integrity of the CFA.
Six foreign judges remain
Phillips leaves just six foreign judges sat on Hong Kong’s CFA – South African-British judge Leonard Hoffmann, the UK’s David Neuberger, and four Australians: William Gummow, James Allsop and Patrick Keane and Robert French.
In its statement, the Judiciary said it would “continue to identify suitable local and overseas candidates for appointment as non-permanent judges.”
| Name | Year of birth | Nationality | Date of first appointment | Expiry date of present appointment |
| Leonard Hoffmann | 1934 | British (born in South Africa) | January 12, 1998 | January 11, 2025 |
| David Neuberger | 1948 | British | March 1, 2009 | February 28, 2027 |
| William Gummow | 1942 | Australian | July 29, 2013 | July 28, 2025 |
| Robert French | 1947 | Australian | May 31, 2017 | May 30, 2026 |
| Patrick Keane | 1952 | Australian | April 6, 2023 | April 5, 2026 |
| James Allsop | 1953 | Australian | May 24, 2024 | May 24, 2027 |
It added: “In light of its steady caseload, the operation of CFA will not be affected by the recent change in membership of the Court.”
Common law credibility
Earlier this year, UK NGO, the Committee for Freedom in Hong Kong Foundation, released a report claiming “foreign judges are lending legitimacy to Beijing’s crackdown on political freedoms in Hong Kong,” as they called on them all to step down.
The presence of international judges has historically lent credibility to Hong Kong’s common law legal tradition. In March 2022, Robert Reed and Patrick Hodge resigned from the Court of Final Appeal, with judicial independence continuing to be in the spotlight following the enactment of the security law.
Beijing inserted national security legislation directly into Hong Kong’s mini-constitution in June 2020 following a year of pro-democracy protests and unrest. It criminalised subversion, secession, collusion with foreign forces and terrorist acts – broadly defined to include disruption to transport and other infrastructure.
The move gave police sweeping new powers and led to hundreds of arrests amid new legal precedents, while dozens of civil society groups disappeared. The authorities say it restored stability and peace to the city, rejecting criticism from trade partners, the UN and NGOs.
Separate to the 2020 Beijing-enacted security law, the homegrown Safeguarding National Security Ordinance targets treason, insurrection, sabotage, external interference, sedition, theft of state secrets and espionage. It allows for pre-charge detention of to up to 16 days, and suspects’ access to lawyers may be restricted, with penalties involving up to life in prison.
Additional reporting: Mercedes Hutton.
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