We are limited by the Basic Law in ruling on government decisions, Andrew Li tells opening ceremony of legal year
Chief Justice Andrew Li Kwok-nang warned yesterday the courts could not provide a solution to political, social and economic problems.
At the ceremonial opening of the legal year at City Hall, Mr Justice Li said while people with grievances were entitled to seek satisfaction through the courts, their function was limited to assessing the legality of government decisions and laws within the parameters of the Basic Law and statutes.
'The courts' judgment can only establish the limits of legality. The courts could not possibly provide an answer to, let alone a panacea for, any of the various political, social and economic problems which confront society,' he said.
While noting that litigants were increasingly filing for judicial reviews to such problems, Mr Justice Li said: 'The appropriate solution to any political, social or economic problem can only be properly explored though the political process ... [where] a suitable compromise may be found, reconciling the conflicting interests and considerations ... and balancing short-term needs and long-term goals.'
The proper functioning of the political process was the responsibility of the administration and the legislature. But Mr Justice Li refused to be drawn on whether a more participatory political process would reduce the need for people to resolve problems through judicial review.
He said the breadth of issues brought before the courts in judicial reviews posed 'interesting challenges' for judges but they were equipped to handle them.