RSF response to Lord Neuberger's resignation from the High Level Panel of Legal Experts on Media Freedom
Reporters Without Borders (RSF) notes the resignation of Lord David Neuberger of Abbotsbury from his position as Chair of the High Level Panel of Legal Experts on Media Freedom, in connection with his continued presence as a non-permanent judge in Hong Kong – a resignation that was necessary to protect the independence and integrity of the High Level Panel.
Lord Neuberger resigned in a statement dated 14 August, noting: “I have now concluded that I should go now, because it is undesirable that focus on my position as a non-permanent Judge in Hong Kong should take away, or distract, from the critical and impactful work of the High Level Panel.”
We have been deeply disappointed by Lord Neuberger’s continued activity with the Hong Kong courts during a period of unprecedented decline in media freedom and rule of law in the territory. Foreign judges who retain their positions with the Hong Kong judiciary are sadly helping to legitimise an illegitimate system and enabling dangerous prosecutions of journalists, including Apple Daily founder Jimmy Lai. Lord Neuberger’s resignation was therefore necessary. We will continue to support the crucial work of the High Level Panel going forward, in our mutual pursuit of improving protections for journalists around the world.
RSF is a founding member of the Consultative Network to the Media Freedom Coalition, and two RSF Directors have served on the Consultative Committee to the High Level Panel since its establishment in 2019. RSF has endorsed several reports of the High Level Panel, and collaborated with High Level Panel members and their Secretariat at the International Bar Association’s Human Rights Institute in advocacy to secure implementation of key report recommendations.
As such, RSF has been raising concerns directly with Lord Neuberger and the High Level Panel since March 2023. We have repeatedly urged Lord Neuberger to resign from his position with the Hong Kong courts, in light of the severe deterioration of media freedom and rule of law in the territory over the past several years, and in particular because of the cases against Apple Daily publisher Jimmy Lai and dozens of other journalists in the territory.
Hong Kong has plummeted in RSF’s World Press Freedom Index from a ranking of 18th out of 180 countries in 2002, to 135th in 2024. Over the past four years, China has used the national security law and other laws as a pretext to prosecute at least 28 journalists and press freedom defenders in Hong Kong, 10 of whom currently remain in detention. A laureate of RSF’s Press Freedom Prize, Jimmy Lai has emerged as a particularly emblematic figure, having been detained since December 2020 on prior trumped-up charges, and now facing possible life in prison in a national security trial due to resume on 20 November.
RSF was highly dismayed to note Lord Neuberger’s direct involvement in a ruling against Jimmy Lai issued on 12 August, in an appeal connected to Lai’s prior conviction on charges of unauthorised assembly, alongside six pro-democracy activists. We consider this case to be politically motivated, connected to Lai’s journalism, and part of the broader strategy of the Hong Kong and Beijing authorities to silence independent media in the territory.
Lord Neuberger’s continued activity with the Hong Kong courts and his direct role in this ruling against Jimmy Lai presented a clear conflict of interest to his leadership of the High Level Panel, and his resignation was therefore necessary. We continue to urge Lord Neuberger and other foreign judges who retain their positions in the Hong Kong judiciary to resign with immediate effect and end their complicity in legitimising an unjust system.
RSF underscores the crucial importance of the work of the High Level Panel, and will continue to engage with and support the Panel going forward.
