How strong institutions help Hong Kong safeguard its autonomy
Johnny Mok says Hong Kong must work harder at strengthening its institutions to protect its autonomy
The former Legislative Council building was formally returned to the judiciary last week. Anticipating this event at the opening of the legal year in 2012, the chief justice reminded the audience that this historic building officially opened a century ago as Hong Kong's courts of justice; and that, in 1912, these words were spoken by then governor Sir Frederick Lugard that have proven true to date: "[O]ur courts of justice shall always surpass all other structures in durability, firm set on their foundations and built four-square to all the winds that blow, as an outward symbol perhaps of the Justice which shall stand firm though the skies fall…"
At the opening of this venue as the new Court of Final Appeal building last Friday, Chief Justice Geoffrey Ma Tao-li said: "This building is the symbol of the rule of law in Hong Kong and this institution remains as strong as it has ever been in our community."
These are reassuring words; after all, the rule of law constitutes a cornerstone of Hong Kong's high degree of autonomy.
It is no exaggeration to say that the strength of the rule of law has vastly contributed to the maintenance of the high degree of autonomy in Hong Kong
This autonomy ensures that we in Hong Kong will enjoy the life and lifestyle we have been used to for at least a period of 50 years. Under the "one country, two systems" formula, this autonomy also comes with all the economic advantages of being connected to the mainland.
The content of our high degree of autonomy is contained in the Basic Law - most importantly, in the provisions defining the institutional structure of government - the office of the chief executive, the executive authorities, the legislature and the judiciary - mandating each to function according to the principles set out in our mini-constitution.
The more effective those institutions are in carrying out their duties, the more dynamic will they function as the engines of our autonomy. In a lecture given earlier this year, the chief justice measured the rule of law by reference to six objective indicators: transparency, reasoned judgments, protection of human rights, independent processes for the appointment and removal of judges, access to justice, and views of the court users.
In particular, he said, the "existence of the rule of law and its legitimacy in any community is entirely dependent on the respect in that community for the concept as a core value of society". If, by those measures, the rule of law exists, "it is undoubtedly a strength and becomes an institution which has a long-term future".