Editorial | Hong Kong’s ability to rectify judicial errors is a sign of strength
- It is unfortunate when a magistrate or judge makes a mistake but with a robust system in place to deal with complaints and remedy such flaws, steps can be taken to ensure there is no repetition
Hong Kong’s courts have frequently been subjected to strong criticism in recent years when deciding politically sensitive cases. Thousands of complaints have been made against members of the judiciary, usually by people unhappy with the outcome of a case. These have often been misconceived, politically motivated or both.
The overwhelming majority have been unjustified. But that does not mean judges and magistrates are immune from criticism or that they never make mistakes.
The conduct of one magistrate highlighted in the judiciary’s response to a complaint falls far short of the high standards expected of the city’s courts.
Debbie Ng Chung-yee jailed a teacher for nine weeks in 2020 after convicting him of assaulting a police officer during civil unrest the previous year. But it was not the guilty verdict or sentence that troubled the panel of judges considering complaints against Ng.
The problem was the magistrate’s decision to detain the teacher in a psychiatric hospital prior to his being sentenced, for reports on his mental state to be prepared.