Editorial | The legal system will adapt, but the core elements will remain
- Two former chief justices have expressed optimism about the future of Hong Kong’s legal system. While change is inevitable, the core responsibility of judges will always be to decide cases freely, fairly and fearlessly
When Hong Kong returned to China in 1997, much emphasis was placed on ensuring the legal system that had served the city so well would continue. The principle that it be maintained is built into the Basic Law. All legal systems, however, need to adapt over time if they are to reflect changes in society and meet the needs of the community. The challenge for Hong Kong is to ensure this is done while upholding fundamental elements, notably an independent judiciary and protection of rights.
Two former chief justices expressed optimism when looking to the future in interviews published by the Post earlier. Between them, Andrew Li Kwok-nang and his successor Geoffrey Ma Tao-li led the judiciary for 23 years after the handover. They had to steer the courts through challenging times.
Li, the city’s first post-handover chief justice, was cautiously optimistic that the “one country, two systems” concept preserving Hong Kong’s legal system would continue even after 2047, when it is no longer constitutionally guaranteed.
One future change might be a requirement that all judges be Chinese citizens, said Li. Since the handover, this has only applied to the chief justice and chief judge of the High Court, reflecting the importance of foreign judges to the legal system. But Li noted the proportion of expatriate judges had fallen to 6 per cent. A nationality requirement could reflect Chinese sovereignty and demonstrate the judges commitment to the community, he added.
Extending the requirement may not be necessary, though, as the number of foreign judges is likely to continue to decline. Keeping the door open to some judges from overseas would be consistent with Hong Kong’s legal tradition and role as an international finance centre.
Ma also believes the existing system will survive long into the future. But he stressed the need to ensure politics does not undermine judicial independence. Political divisions in Hong Kong have led to the courts coming under fire for decisions in sensitive cases. As Ma suggests, the judiciary should do all it can to explain the role of judges and further understanding of their work.