My Take | Sanctioning judges will be to the detriment of Hong Kong’s legal system
- The members of the judiciary should be left alone to do their job, free from pressure of all kinds, whether it be from home or from overseas
One of the joys of being a court reporter in Hong Kong was the uncertainty of legal proceedings. You could never be entirely sure which way a judgment would go.
This is part-and-parcel of the city’s independent judicial system. Judges apply the law and follow legal precedents. But in doing so, they form their own view of the evidence and the competing submissions of lawyers. They are expected to ignore any external pressure.
In recent years, that pressure intensified amid political divisions in the city. Judges often came under fire from one political camp or another for judgments in sensitive cases. There were even threats. Meanwhile, the judiciary has had to adapt to changing circumstances, including the need to interpret a new national security law imposed by Beijing.
Now, the judges are facing pressure from overseas. A bipartisan bill proposed by US lawmakers calls for sanctions against judges, among others, accusing them of human rights violations related to the national security law.
The move unsurprisingly met with strong condemnation in Hong Kong. Senior officials have variously dubbed it despicable, barbaric, malicious, irrational and shameless. The judiciary, Bar Association and Law Society have all spoken out against the bill.
Driven by domestic politics, the proposed legislation will not help Hong Kong. The imposition of sanctions on officials in 2020 has had little impact on developments in the city.