Resilient Hong Kong judges have to maintain principles and embrace change
- Judiciary will come under intense scrutiny in months ahead as high-profile cases involving national security proceed through courts
The opening of the new legal year was marked with traditional pomp and ceremony after two years in which the event had to be scaled back because of the pandemic. Images of judges resplendent in their traditional wigs and gowns may look outdated. But the ceremony is an important symbol of continuity.
It was fitting, therefore, that the speeches from leaders of the profession focused on maintaining fundamental principles while embracing change.
Chief Justice Andrew Cheung Kui-nung sought to dispel misconceptions about the role of the judiciary. Its duty, he said, was to administer justice in strict accordance with the law.
This means everyone is treated equally. Defendants are presumed innocent until proven guilty and acquitted if there is insufficient evidence.
The courts protect fundamental rights and balance competing interests while upholding the city’s constitutional order. Cheung stressed the judges do not enact laws, develop policies or make political decisions.
This “clear and accurate” depiction of the judiciary’s role is timely and needs to be understood by all. It comes as court decisions continue to be a source of controversy and – often ill-informed – criticism.