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Hong Kong judicial independence is safe, former judge Henry Litton says

Ex-top judge dismisses claims from foreign lawyers that the jailing of political activists was a ‘serious threat’ to rule of law in the city

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Former Court of Final Appeal judge Henry Litton at the Foreign Correspondents Club on Wednesday. Photo: Nora Tam
Tony Cheung

A former top Hong Kong judge said on Wednesday he did “not see any threat to judicial independence” amid concerns in the city and abroad regarding the jailing of three prominent political activists in the city.

Former Court of Final Appeal judge Henry Litton also said it would be “entirely appropriate” for Beijing to suggest in a much-criticised white paper in 2014 that Hong Kong judges should be the city’s “administrators”, if the central government was only implying that judges should “focus on the real issues which trouble the community, and not indulge in esoteric points of law”.

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Litton was the most senior Court of Final Appeal judge after the chief justice during his tenure from 1997 to 2000. He continued to serve as a non-permanent judge during his retirement in 2015.

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He was giving a speech at the Foreign Correspondents’ Club on Wednesday, addressing an audience includingBar Association vice-chairman Robert Pang Yiu-hung SC and Johannes Chan Man-mun, former University of Hong Kong law dean.

Last month, a group of 12 foreign lawyersissued a joint letter to express concern over the imprisonment of three political activists in Hong Kong, calling the jailing “a serious threat” to the city’s rule of law.

Hong Kong itself is undermining judicial independence

They were referring to Joshua Wong Chi-fung, Nathan Law Kwun-chung and Alex Chow Yong-kang, who were originally given non-custodial sentences last year foran illegal protest that triggered the 79-day Occupy sit-ins of 2014. The trio had meted out their community service orders or served a suspended jail sentence, but they were put behind bars in August after the justice department ordered an appeal court to review the sentences it said were too lenient.
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