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Protesters rip up an American flag outside the US consulate in Hong Kong, days after lawmakers proposed sanctions against city officials. Photo: Handout
Opinion
Editorial
by SCMP Editorial
Editorial
by SCMP Editorial

US attack on Hong Kong’s judiciary is asinine

  • A congressional bill to sanction officials, including judges and prosecutors, ignores the fact that the rule of law in Hong Kong is not only protected by the city’s mini-constitution, but also sacrosanct

Hong Kong has come under repeated criticism from anti-China elements in the West prompted by the Beijing-imposed national security law. They invariably target the judicial system with unjustified and ill-informed attacks on its independence. Time and again this criticism is rebutted, refuted and effectively discredited in unison by officials, the judiciary and legal professional bodies. If the attacks were made in good faith that should be enough to see them off. But the anti-China lobby does not give up easily when it can target a proxy for the mainland.

In the latest example, a bipartisan group of lawmakers has introduced a bill in the US Congress pushing for 49 officials, judges and prosecutors to be added to the list of people sanctioned over the national security law. Those targeted include Secretary for Justice Paul Lam Ting-kwok, Chief Justice Andrew Cheung Kui-nung and Commissioner of Police Raymond Siu Chak-yee. Chief Executive John Lee Ka-chiu accused US politicians of trying to pervert the course of justice by intimidating judges. Beijing officials in Hong Kong say the bill is “blatant political manipulation”. Pro-Beijing figures have even suggested such sanctions may trigger a provision in the security law for cases to be tried over the border, a radical proposal that may be more of a political gesture reflecting strong sentiment among this group. Beijing and Hong Kong would have to carefully assess the pros and cons, including geopolitical factors.

Many will empathise with the judiciary and the professional bodies. The judiciary noted that once a case was brought before the court, it must be dealt with “strictly in accordance with law”. The Hong Kong Bar Association said lawyers should never be pressured or penalised for “playing their proper role in the administration of justice”. The Law Society noted that the judicial officers’ constitutional role was to apply the law, and those with a role under the national security law were fulfilling their statutory duties.

The US bill is an attack on the integrity of the judiciary, whose independence is guaranteed by the Basic Law. This is a safeguard against political interference and for confidence in the rule of law. This cannot be said too often in the face of unfair criticism.

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