Australian judge Patrick Keane KC recently delivered a speech at Sydney’s Banco Court, but his presence as a remaining overseas justice on Hong Kong’s controversial Court of Final Appeal has sparked significant protest. With only six foreign judges left on the bench—down from fifteen—Keane is one of four Australians. Notably, he is among just two judges who joined the court after the introduction of Hong Kong’s national security law, a measure seen as a means to stifle dissent and suppress the pro-democracy movement.
In his speech, titled “Christian Inspiration and Constitutional Insights,” Keane quoted historical figures such as Frederick the Great, Thomas Jefferson, and John Locke, as well as British judge Lord Jonathan Sumption, a former colleague who resigned from the court earlier this year. Sumption’s resignation was accompanied by a powerful critique, wherein he stated that the rule of law in Hong Kong has been “profoundly compromised,” and he warned that the territory is “becoming a totalitarian state.”
On October 22, a protest took place outside Sydney’s law courts, where demonstrators displayed images of jailed Hong Kong publisher Jimmy Lai, who faces solitary confinement and charges that many consider politically motivated. The protest seemed to deter Keane from attending a scheduled post-speech gathering, leading him to exit through a side door, where protesters showcased a neon sign depicting Lai as a “Prisoner of Conscience.” One protester sought to address Keane directly, asking, “Do you know Jimmy Lai?” However, Keane chose not to respond.
Previously, he defended his role as a non-permanent judge on the Hong Kong bench. In a 2023 interview with The Guardian, he expressed optimism about the court’s contributions to upholding the rule of law, cautioning against passing up the chance to serve on what he described as a successful institution.
However, activists and advocacy groups contend that even a slight association with the Hong Kong judiciary undermines the credibility of foreign judges in a legal system increasingly influenced by government directives, particularly after the 2020 national security law. Critics argue that the court cannot truly claim independence when its actions appear aligned with anti-democratic government agendas, especially in instances where the central Chinese government is involved in legal reinterpretations.
Keane’s participation on the bench has been condemned by figures such as Alyssa Fong from the Committee for Freedom in Hong Kong Foundation, who called it “shocking” that he chose to remain after the national security law’s implementation, a period marked by mass arrests and curtailing of civil liberties. She urged Keane to reconsider his position in light of recent trends, noting that five foreign judges have resigned this year alone.
As it stands, only six foreign judges remain in the Court of Final Appeal, with Keane and fellow Australian justice James Allsop being the only recent additions since the national security law’s introduction. The situation remains tense as the judiciary grapples with significant political pressures and accusations of complicity in the erosion of Hong Kong’s judicial independence.
