When it comes to rule of law, there's no room for grey area
The rule of law and an independent judiciary remain by consent key to Hong Kong's success. Yet respect for the rule of law has become a topical issue arising from the civil disobedience of the Occupy Central protests.
The rule of law and an independent judiciary remain by consent key to Hong Kong's success. Yet respect for the rule of law has become a topical issue arising from the civil disobedience of the Occupy Central protests. The meaning of it is worth discussing in a calmer atmosphere. Two opportunities arose this week - the annual gathering to mark the beginning of the new legal year and the chief executive's annual policy address. Sadly, they served as a reminder of conflicting views in legal and political circles that did little to clarify the meaning and left one of our core values looking more like a political football.
The opposing views speak for themselves. Secretary for Justice Rimsky Yuen Kwok-keung told the legal-year ceremony: "The rule of law in Hong Kong is facing significant challenges. The recent Occupy movement ... brings about blatant challenges." He said the pursuit of universal suffrage or social justice "cannot and should not" be used as justification to act to the detriment of the rule of law.
But outgoing Bar Association chairman Paul Shieh Wing-tai said there was an increasing tendency on the part of the executive to emphasise the "obey the law" aspect. This might sound respectful but, ironically, could have the opposite effect of misleading the public into scapegoating the law for social phenomena. The rule of law also covered respect for individuals' rights and liberty.
In his policy speech, entitled "Uphold the rule of law ... make the right choices", Chief Executive Leung Chun-ying rallied support for Beijing's restrictive framework for political reform with an exhortation to "act in accordance with the law, or Hong Kong will degenerate into anarchy".
Usually the main focus at the legal-year ceremony is on the remarks of the chief justice. Thankfully, Geoffrey Ma Tao-li put things in a calmer perspective. In remarks after the ceremony, he said the public had respected the rule of law now and throughout the recent turbulence. In his speech he said there could be no compromise over the rule of law - neither deviation from it or bargaining in relation to it.
Clearly the debate is not over. Hopefully, it will ultimately enhance people's understanding of the rule of law, and promote constructive debate on mutual respect for it both as a check on abuse of power and in the administration of government.
