Editorial | Any reform of Hong Kong’s legal system must be led by judiciary

The wigs and gowns worn by Hong Kong judges may seem an anachronistic throwback to the city’s colonial past. But they remain in use, 23 years after the handover, because they symbolise consistency and continuity. The legal system, with an independent judiciary at its core, has long been regarded as a key component of the city’s success. That is why the Basic Law provides that the judicial system in place before Hong Kong returned to China “shall be maintained” except for the creation of the Court of Final Appeal.

Any proposal to reform the judiciary must, therefore, be approached with caution and clarity. If changes are to be made, they must not in any way affect the ability of the courts to decide cases freely, fairly and impartially in strict accordance with the law. Beijing believes Hong Kong, including the judiciary, should have a better understanding of China’s constitution as well as the Basic Law. It has signalled judicial reform may be needed. Zhang Xiaoming, deputy director of the Hong Kong and Macau Affairs Office, raised the issue at a legal seminar to mark the 30th anniversary of the Basic Law’s promulgation this week. He described such reform as a hot topic for debate and said the judicial systems of Western countries were reformed without undermining the courts’ independence. He did not provide details of why change was needed or what form it might take.

No institution is immune to change and there is always a need to move with the times. The judiciary might, for example, cautiously experiment with the gradual introduction of video cameras in courts, as has been done in Britain. Further steps are also needed to ensure the courts make the best and most efficient use of new technology.

But this is a time of great political division in Hong Kong. A new national security law was passed in June. Democrat politicians have been arrested and, last week, four lawmakers were disqualified. Zhang asserted at the forum that only patriots would be allowed to rule the city. It is not surprising, in such an environment, that his comments about judicial reform have fuelled concerns Beijing wants changes that will ultimately impair the independence of the courts.

If judicial reform is considered necessary, the reasons for making changes must be clearly understood. Any reform process must be handled by Hong Kong and led by the judiciary itself.