Opinion | Hong Kong must leave judges out of the protest politics and safeguard the independence of its judiciary

Hong Kong’s embattled judiciary could be forgiven for heaving a sigh of relief when the trial of the Occupy protest leaders reached its conclusion earlier this year. That was the last in a long line of cases arising from the civil disobedience movement which saw streets in Hong Kong occupied for 79 days in 2014. 

The Occupy protests led to more than 1,000 arrests. For five years the courts sought to do justice in politically sensitive cases at a time of deep divisions and high emotions in the city. Judges and magistrates came in for fierce criticism from one side or the other for being either too lenient or too harsh. Some received threats as critics unhappy with this or that judgment called into question the judiciary’s independence.

This extraordinary period for the courts seemed near an end when the Occupy leaders were sentenced in April, with four of them jailed. But only a few weeks later, the anti-extradition bill demonstrations began. Now, the judiciary is facing an even bigger challenge.

The Occupy protests pale in comparison with the ongoing anti-government demonstrations. For 15 weeks, Hong Kong has seen mass protests, many leading to violent clashes. Petrol bombs have been hurled, barricades set alight, MTR stations vandalised, and police stations besieged. Police officers have, at times, appeared to use excessive force in breach of the law. And violence flared between pro- and anti-government groups last weekend.

Already, however, the courts are coming under attack. Last week a pro-government group organised a protest outside the Court of Final Appeal attended by around 100 people. They criticised the judiciary for releasing anti-government protesters on bail and imposing what they consider to be lenient sentences.