Chief justice says HK courts' power to rule freely is enshrined in the Basic Law
The independence of Hong Kong's judiciary cannot be compromised, the chief justice has said, dismissing fears that a speech by the National People's Congress chairman last week suggests it is under threat.
But the top judge warned that vigilance had to be exercised to ensure that this 'pillar of Hong Kong's society' was maintained.
In a rare interview, to mark the 10th anniversary of the handover, Andrew Li Kwok-nang asserted the power of the courts to rule freely, including in sensitive cases involving the Basic Law. He said Beijing's power to make interpretations of Hong Kong's constitution that were binding on the courts had to be recognised, but that such interpretations should be delivered only in 'very exceptional circumstances'.
'The independence of the judiciary is fully guaranteed in the Basic Law and is a pillar of Hong Kong's society. The exercise of judicial power by the courts is not subject to any interference by the executive, by the legislature or by anybody else,' he said. 'What is spelled out is an independent judiciary ... there is no doubt that judicial independence and its separation from the branches of government are fully guaranteed by the Basic Law. No one has questioned this.'
Last week, NPC chairman Wu Bangguo told a Beijing conference on the Basic Law that Hong Kong should not copy the separation of powers principle adopted overseas. This prompted concerns that the independence of Hong Kong's judiciary might be in jeopardy. But the chief justice said he had studied Mr Wu's speech and was not worried about it. 'There is nothing in his speech which indicated he was questioning this fundamental principle.'