Opinion | How will Hong Kong’s judiciary handle the security law? The first case offers hope

Name: Chief justice opens legal year with pledge to uphold Hong Kong’s judicial independence
Uploaded: 2020-09-25T01:15:17.000Z
Duration: 4 min 20 s
Description: Chief justice opens legal year with pledge to uphold Hong Kong’s judicial independence

It is encouraging that the judges emphasised the importance of protecting rights and the application of common law principles

This should help ensure the legal system maintains its core principles as it comes under pressure from both sides of the political divide

Reading Time:4 minutes

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Cliff Buddle

Published: 9:15am, 25 Sep 2020Updated: 9:15am, 25 Sep 2020

The shock resignation of a distinguished Australian judge from Hong Kong’s top court comes at a critical time for the city’s beleaguered judiciary. James Spigelman, former chief justice of New South Wales, told his country’s national broadcaster he was quitting because of concerns about the national security law passed by Beijing in June.

It is not clear precisely what prompted this veteran judge, a strong advocate of social justice, to depart. But the new law comes at a time of mounting pressure on the judiciary.

The courts have, increasingly, come under attack from one side of the political divide or the other as they dispense justice in sensitive cases arising from last year’s civil unrest. Complaints against judges and magistrates, often politically motivated, have soared.

Chief Executive Carrie Lam Cheng Yuet-ngor, meanwhile, sparked controversy this month by declaring there is no separation of powers in Hong Kong, a stance not easily reconciled with judicial independence. And pro-establishment lawmakers are calling for a committee to be established to lay down sentencing guidelines for judges.

Chief Justice Geoffrey Ma Tao-Li responded to these worrying developments on Wednesday, warning in an 18-page statement that the judiciary must not be politicised. He stressed that sentencing is exclusively a function of the courts and that ill-informed criticism of judges damages public confidence in the justice system.

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Chief justice opens legal year with pledge to uphold Hong Kong’s judicial independence

If Hong Kong is to emerge from its current troubles and succeed under “one country, two systems”, the ability of the judges to decide cases freely and fairly in accordance with established legal principles must remain intact.

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