Letters | A case for judicial reform in Hong Kong

While government officials are held to high standards of accountability, the judiciary seems to be more “equal” than others

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A statue of Lady Justice above the entrance to the Court of Final Appeal, in Central district of Hong Kong. Photo: EPA-EFE

Published: 6:15am, 9 Sep 2020Updated: 6:15am, 9 Sep 2020

I wish to thank the honourable Henry Litton for his article “For Hong Kong’s sake, the judiciary must regain Beijing’s trust” (September 3). A highly placed individual like him really does not have to point out the elephant in the room but still he does, which is truly admirable.

As an ordinary citizen, I have noticed examples of the courts overplaying individual freedoms at the expense of public safety, weakening the deterrent effect. In a case of a student firebombing a road, a magistrate praised him as an “excellent kid” and handed down a probation order. This controversial judgment was recently found by the Court of Appeal to be too lenient.

There was also an anonymous letter alleging that the top brass of the judiciary held a talk to put pressure on judges to acquit defendants in anti-government protest cases as far as possible, unless there was very reliable evidence. The judiciary confirmed that a talk did take place, but denied the allegation and gave no further information to address public concerns.

The Basic Law guarantees that courts shall hear cases and make judgments without any interference. However, judicial independence does not offer a blank cheque and the privilege to ignore reasonable queries.

In Hong Kong, the public has few ways to hold the judiciary accountable. When people voice their grievances, they risk being gagged and accused of contempt of court. Even a venerable figure like Mr Litton has to endure toxic political attacks for speaking his own mind.

This is a classic principal-agent problem, where the public is kept from having sufficient information and being empowered to understand and appraise the judiciary’s performance.

.css-sioo19{color:#c79a00;}Letters | A case for judicial reform in Hong Kong

.css-1mniedq{color:inherit;font-weight:inherit;font-size:inherit;font-family:inherit;line-height:inherit;} While government officials are held to high standards of accountability, the judiciary seems to be more “equal” than others

Letters | A case for judicial reform in Hong Kong

While government officials are held to high standards of accountability, the judiciary seems to be more “equal” than others