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Justice Secretary Rimsky Yuen (front row, far right) and others outside High Court. Photo: Jonathan Wong

'Occupy bias' accusation unfair to Hong Kong's judges, senior counsel say

Senior counsel say convictions require proof of guilt beyond reasonable doubt

Thomas Chan

Veteran prosecutors have defended the judiciary against harsh criticism from the pro-Beijing camp in recent weeks, saying it is unfair to judges and will undermine the judicial system.

Insinuations that judges were sympathetic to Occupy Central protesters drew rebuttals from two deputy directors of public prosecutions who were the latest to earn the honour of senior counsel - the top rank of barristers - along with two other Department of Justice counsel.

"The suggestion that the police arrest but the courts release is very unfair to judges, because they rule only on evidence," deputy DPP David Leung Cheuk-yin said.

Echoing Leung's view, fellow deputy DPP William Tam Yiu-ho said: "Judicial independence is a cornerstone of our judicial system. Any unfair criticism would only undermine the system."

Their department came under fire after Occupy protesters hauled to court later walked free or saw their charges dropped due to insufficient evidence.

In March, Beijing loyalists including Democratic Alliance for the Betterment and Progress of Hong Kong lawmaker Elizabeth Quat openly challenged the perceived leniency judges showed in dealing with Occupy defendants.

Another group, Clean Hong Kong, used extreme slogans in its protest: "Judges who ruin Hong Kong, hurry up and go home", "Fake-wig judges do not follow laws" and "Judges ruling recklessly kill the rule of law".

Tam and Leung spoke before they took silk yesterday - as the elevation to senior counsel is known - along with senior assistant DPP Martin Hui Siu-ting and deputy law officer Wayne Walsh.

Their appointments, made by Chief Justice Geoffrey Ma Tao-li, marked the largest single batch of new senior counsel from the department since the handover.

Ten barristers received the title this year as the profession celebrates the 150th anniversary of the first appointment in Hong Kong, which took place in 1865.

Leung said different tests applied in "arrests, prosecutions and court verdicts".

"Prosecutorial decisions … take into account public interest and a reasonable prospect of conviction," he said. But the courts adopted a different test - that "beyond reasonable doubt" - which was of the highest standard, he said.

Separately, Tam disagreed with criticism in recent years that the department had failed to retain talent. "In the past 10 years, [colleagues] left because they had almost reached retirement age."

In 2013, Grenville Cross, who was DPP for 12 years until 2009, wrote an open letter urging incumbent Keith Yeung Ka-hung to "see how a more civilised managerial style can be restored" to boost morale.

A spokeswoman for the department said it had seen a turnover of about 4 per cent in the past five years.

Apart from the four prosecutors, the other barristers who became senior counsel yesterday were Nigel Kat, Hectar Pun Hei, Jeremy Bartlett, Douglas Lam Tak-yip, Victor Dawes and Bernard Man.

This article appeared in the South China Morning Post print edition as: Accusation of Occupy bias 'unfair to city's judges'
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