Democrats' concern at judges' role in approving operations brushed aside
The covert surveillance bill's provisions for a panel of judges to authorise spying operations seriously undermine the judiciary's independence, pro-democracy legislators warned last night.
'Maintaining judicial independence is the crux of the rule of law,' legislator Margaret Ng Ngoi-yee said. Having a panel of judges appointed by the chief executive - on the recommendation of the chief justice - sitting outside the scope of the courts to make decisions on covert operations would end the separation of the executive and the judiciary, she said. It was the 'most damning provision' of the bill, the Civic Party lawmaker added.
Her amendments seeking to have the chief justice alone appoint the panel members were defeated, as were all her other amendments yesterday.
The government came under fire from Ms Ng, Democrat Martin Lee Chu-ming, fellow Civic Party member Ronny Tong Ka-wah and independent Leung Kwok-hung for claiming that the judiciary supported the bill.
Mr Tong said he had spoken to six judges who had told him they would not sit on a panel of judges appointed to grant authorisations on surveillance.
Mr Tong said Secretary for Security Ambrose Lee Siu-kwong's claim that judges supported the bill was a bullying tactic.