Macau proposal to ban foreign judges on some cases would ‘dent confidence’ in Hong Kong, says legal expert
Legal sources say the plan to bar non-Chinese judges from cases involving national security issues could come before lawmakers for discussion as early as next month
Confidence in the Hong Kong judicial system would suffer and it would send a “very wrong message” if a controversial plan to bar non-Chinese judges in Macau from presiding at court hearings involving national security issues goes ahead, a respected legal expert has warned.
The move to amend a law which came into force when Macau returned to Chinese sovereignty in 1999 has been criticised by prominent legal scholar Simon Young as a worrying development that would “dent confidence” in Hong Kong’s judicial system.
Senior officials in the former Portuguese enclave are poised to put the proposal before lawmakers as early as next month, according to legal sources in the casino hub.
The move has already faced criticism from senior legal professionals in Macau who described it as “unconstitutional’’ and stoked fresh concerns about the future of Hong Kong’s foreign judges after two of their small but significant cadre were subjected to vicious verbal attacks over rulings they made in high-profile cases.
Professor Young, who is associate dean (research) at the University of Hong Kong’s faculty of law, said it was unclear why Macau was taking the step at this time and warned: “This is a worrying development. Perhaps the real reason is a fallacious belief that Chinese judges will be more patriotic and more likely rule in a way that protects national security.