Australian judge James Spigelman has resigned from Hong Kong's highest court due to concerns over a sweeping new national security law imposed by Beijing on the city, the ABC reports.
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The office of the city leader Carrie Lam confirmed Spigelman's resignation but did not give a reason.
The former NSW chief justice was one of 14 foreign judges on Hong Kong's highest court and is the first senior judge to resign and publicly cite the law, passed by China's parliament on June 30 without any Hong Kong legislative process or consultation.
He told the ABC he had resigned for reasons "related to the content of the national security legislation" but did not elaborate further.
Spigelman did not immediately respond to a request from Reuters for comment.
Local and international legal circles have been alarmed at Beijing's imposition of the security law, fearing it erodes the former British colony's autonomy and freedoms.
Under the security legislation, Lam has the right to select judges for a panel of jurists to handle national security cases. In the most serious cases, suspects can also be taken to mainland China for trial in its courts, which are ultimately controlled by the Communist Party.
It also grants extensive powers to personnel from mainland China's security apparatus, who are now based in the city for the first time under the law.
"Mr Justice Spigelman tendered to the Chief Executive on 2 September his resignation as a Non-Permanent Judge of the Court of Final Appeal, therefore the Chief Executive revoked his appointment in accordance with the relevant legislation," Lam's office responded in an email to queries about his departure.
Spigelman had been reappointed to another three-year term last year.
Foreign judges have long been a symbol of the city's rule of law, helping to replace the role of the Privy Council in London after Britain handed the city back to Chinese rule in 1997.
Hong Kong's mini-constitution, known as the Basic Law, enshrines the independence of the judiciary and states that judges may come from other common law jurisdictions.
But Lam and her officials have stressed the city has no "separation of powers" and the powers of its executive, legislature and judiciary all derived from Beijing.
Even before new laws were enacted, senior judges had told Reuters the independence of Hong Kong's judicial system was under assault from the Communist Party leadership in Beijing.
Australian Associated Press
