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Is Hong Kong’s rule of law really under threat?

Claims of political interference regarding the jailing of three student leaders involved in the Occupy protests strike at the very heart of Hong Kong’s identity

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Nathan Law, Joshua Wong and Alex Chow outside the High Court in Hong Kong. Photo: Edward Wong
The jailing of three prominent student leaders involved in Hong Kong’s Occupy protests has sparked a crisis of confidence in the city’s legal system and rule of law.

Critics have accused senior judges and prosecutors of allowing political motives and pressure from Beijing to influence their judgment in the case.

More than 20,000 demonstrators marched in protest at the appeal court ruling last weekend as pictures emerged of the young pro-democracy activists Joshua Wong Chi-fung, Alex Chow Yong-kang and Nathan Law Kwun-chung in handcuffs.

WATCH: Occupy leaders are arrested and charged

Meanwhile, the city’s leader, its top lawyer, and the two branches of the legal profession scrambled to reject any notion of political persecution.

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“I feel duty-bound as the chief executive to make it very clear that there’s absolutely no political interference in the prosecution review of sentence and in the judgments handed down by the Court of Appeal,” Carrie Lam Cheng Yuet-ngor told the media on Monday.

There was a need to defend the system, because so much is at stake. Hong Kong has long enjoyed a reputation as a city governed by the rule of law. Its common law system and judicial independence set it apart from mainland China and other countries in the region. The system of justice underpins a high degree of autonomy from Beijing under the “one country, two systems” concept. It provides a level playing field for businesses and protects rights and freedoms. But this all depends on judges applying the law freely, fairly and without interference. If public confidence in their ability or willingness to do so is undermined, the system itself is at risk and so is Hong Kong’s international reputation.

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Hong Kong Chief Executive Carrie Lam has defended the Court of Appeal’s judgment. Photo: Dickson Lee
Hong Kong Chief Executive Carrie Lam has defended the Court of Appeal’s judgment. Photo: Dickson Lee

‘One country, two systems’ and a vicious circle in Hong Kong

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