His remarks are an apparent reference to the Link Reit case
Courts must not allow political expediency to deflect them from their duty, Chief Justice Andrew Li Kwok-nang said yesterday in an apparent reference to the Housing Authority's attempts to speed up determination of the Link Reit case.
Mr Justice Li was addressing a gathering of lawyers and dignitaries at the ceremonial opening of the legal year. He said the increasing number of cases before the courts that had 'important political, economic and social repercussions' may result in inconvenience to the government, but judges were accountable only to the law.
'It is fundamental for the community to understand that the judge does not function in the political arena, where solutions to problems frequently involve a compromise of many factors and interests,' Mr Justice Li said.
'The duty of a judge is always to administer justice according to law without fear or favour. A judge should not be deflected from this duty by considering what may be an expedient political solution. As has been well said, justice according to law and convenience are often not on speaking terms.'
He was asked afterwards if he had been speaking about the Link Reit case, in which elderly tenant Lo Siu-lan took the Housing Authority to court over its planned privatisation of car parks and shopping malls. Mr Justice Li replied he had taken into account 'what has happened in Hong Kong in recent years'.
The Link Reit judicial review caused the government to shelve a multibillion-dollar public listing at the last minute. Ms Lo, who lost her bid to block the move with a judicial review, may appeal that defeat.