Hong Kong’s legal big guns tussle over rule of law

The Hong Kong government was accused of feeding the public a misleading explanation of the rule of law - moments after the secretary for justice accused the pro-democracy movement of blatantly challenging the rule of law and after the city's top judge insisted respect for the principle remained undimmed.

The fierce debate over the rule of law - that began in earnest when tens of thousands took to the streets in late September and stayed there for 79 days - spilled over into yesterday's annual gathering to launch the start of the new legal year.

Paul Shieh Wing-tai, outgoing chairman of the Bar Association, slammed officials' explanations of what constituted the rule of law when he took to the podium at City Hall. "There was an increasing tendency on the part of the executive … to emphasise the 'obey the law' aspect," he said.

"To the untrained mind or the unsophisticated, this may sound very respectful to the concept of the rule of law. However, in my view and in the view of the Hong Kong Bar, ironically that could have the opposite effect of misleading the public."

He said that citing the need to "do things according to the law creates the misconception that many phenomena in society are the inevitable consequences of adhering to the law when plainly they are not. Law had become the scapegoat or excuse".

Shieh said rule of law also covered respect for individuals' rights and liberty. He went on to say that Beijing's framework on Hong Kong's political reform was "unreasonably restrictive" but did not justify breaking the law.

His address followed a speech by Secretary for Justice Rimsky Yuen Kwok-keung. The city's top legal official said: "Unfortunately, the rule of law in Hong Kong is facing significant challenges. The recent Occupy movement ... brings about blatant challenges to the rule of law."