On the road to 2047, Hong Kong’s rule of law must remain robust and strong

Cliff Buddle says it’s time for debate to begin in earnest about what will happen to the Basic Law and ‘one country, two systems’ after the end of 50 years of no-change

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Published: 7:12pm, 28 Dec 2015Updated: 7:12pm, 28 Dec 2015

Whether the judiciary is “sleepwalking towards 2047”, as retired judge Henry Litton alleged, is open to question. There is certainly no room for complacency.

When the top court returned to its spiritual home in the heart of Central this year, Chief Justice Geoffrey Ma Tao-li was keen to stress the symbolic importance of the move. “The significance lies in what the building represents to the community. And what is represented is the rule of law in Hong Kong,” he said.

The Court of Final Appeal had just relocated to the former Legislative Council building, which for most of its history had been the city’s Supreme Court. Ma had a point to make. The year began with the top judge defending the rule of law amid claims it had been undermined by the Occupy pro-democracy protests of 2014.

Judicial discipline is needed to ensure the common law is in good shape when the time comes to decide whether it should continue after 2047

In September, the chief justice spoke publicly again, this time in support of judicial independence after a senior official from the central government’s liaison office argued that the chief executive’s status transcends the judiciary.

The year ended as it had begun, with questions being raised about the future of the rule of law. And, this time, the judges came under fire from one of their own.

Retired Court of Final Appeal judge Henry Litton pulled no punches when he accused the judiciary of lacking legal discipline in handling certain cases. Much of the debate, which followed his speech at the Foreign Correspondents’ Club, focused on concerns about judicial review proceedings being abused.

But it is the context of Litton’s call for judicial rigour which is more important and which has been largely overlooked. He warned that discussion must soon begin on what will happen when the 50-year lifespan of “one country, two systems” ends in 2047.