标题:
港终院非常任法官　英最高法院院长：国安法令人忧　是否续来港视乎法治状况
新闻来源: (须有正确连结)
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《港区国安法》通过后，外界关注会否影响香港的司法独立，亦有指国安法的条文或会与普通法原则有冲突。终审法院非常任法官韦彦德 (The Right Honourable Lord REED) 今日 (17 日) 发表声明，明言国安法会带来担忧，但终审法院的法官们将尽力履行《基本法》第 85 条下，“法院独立进行审判，不受任何干涉”的责任。身为英国最高法院院长的韦彦德又指，英国最高法院的法官是否会继续在港，担任终审法院非常任法官，要视乎在港履行职务时能否实现法治，及司法独立。
韦彦德于 2011 年获委任为英国最高法院法官，并于 2020 年获委任为院长。他在 2017 年获香港委任为终审法院海外非常任法官，亦是现时非常任法官中，唯一一名仍在英国最高法院就任的法官。
他在声明中直指，港区国安法将带来一些担忧 (give rise to concerns), 又说国安法的影响，要视乎条文如何实施。但他强调，终审法院的法官们，会尽力履行《基本法》第 85 条的职责，坚持维护司法独立，不受任何干涉。他又引述即将退休的终审法院首席法官马道立，指司法独立及法治是香港的基石，亦受《基本法》保障，而司法机构的宪制责任，便是维持并保护它们。
本身是英国最高法院院长的韦彦德，指英国最高法院会持续审视香港的状况，并与英国政府讨论。至于英国的法官是否会继续来港担任终审法院海外非常任法官，则要视乎香港司法独立及法治的状况。
声明全文如下：
Statement from the President of the UK Supreme Court, The Right Hon Lord Reed of Allermuir
17 July 2020
Until the return of Hong Kong by the UK to China in 1997, Hong Kong's final appeal court was the Judicial Committee of the Privy Council in London, whose judges were the members of the Appellate Committee of the House of Lords. Following the Handover, the final appeal court became the Hong Kong Court of Final Appeal. Article 82 of the Hong Kong Basic Law provides that 'the power of final adjudication of the Hong Kong Special Administrative Region shall be vested in the Court of Final Appeal of the
Region, which may as required invite judges from other common law jurisdictions to sit on the Court of Final Appeal'.
At the time of the Handover, the then Lord Chancellor (the Rt Hon Lord Irvine of Lairg) and the Chief Justice of Hong Kong (the Hon Andrew Li) agreed that the House of Lords would provide two serving Law Lords to sit on the newly created Hong Kong Court of Final Appeal, as part of the UK's continuing commitment to safeguarding the rule of law in Hong Kong. Details of this agreement were announced by Lord Irvine in Hong Kong on 8 September 1997.
Ever since, two serving judges of the House of Lords and, since its establishment in 2009, the UK Supreme Court, have been provided in accordance with that agreement. They have made an important contribution to the work of the Court of Final Appeal, not only in civil and commercial cases, but also in cases concerned with rights of protest and free speech. Serving judges do not receive any additional remuneration for their work in Hong Kong, but a fee is paid to the Supreme Court. The Court of Final
Appeal also includes retired judges from the UK and from other common law jurisdictions, including Australia and Canada.
Currently, I am the only serving judge provided under the agreement, as the other serving judge, Lady Hale, retired from the Supreme Court earlier this year and has not yet been replaced on the Hong Kong court. No serving UK judge has been scheduled to sit in Hong Kong this year.
The new security law contains a number of provisions which give rise to concerns. Its effect will depend upon how it is applied in practice. That remains to be seen. Undoubtedly, the judges of the Court of Final Appeal will do their utmost to uphold the guarantee in Article 85 of the Hong Kong Basic Law that 'the Courts of the Hong Kong Special Administrative Region shall exercise judicial power independently, free from any interference.' As the Chief Justice of Hong Kong, the Hon Geoffrey Ma, recently
said: 'The independence of the Judiciary and the rule of law are cornerstones of the Hong Kong community, and they are guaranteed under the Basic Law. It remains the mission and the constitutional duty of the Hong Kong Judiciary to maintain and protect them.'
The Supreme Court supports the judges of Hong Kong in their commitment to safeguard judicial independence and the rule of law. It will continue to assess the position in Hong Kong as it develops, in discussion with the UK Government. Whether judges of the Supreme Court can continue to serve as judges in Hong Kong will depend on whether such service remains compatible with judicial independence and the rule of law.
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