Despite challenges, Hong Kong’s justice system remains fair
- Critics, particularly those overseas, have their knives out but by sticking to long-held principles of common law, the city’s legal profession can ensure that courts will always rule without fear or favour
The ceremonial opening of the new legal year provides a platform for leaders of the profession to reflect on the past 12 months and raise matters of concern.
They have, in recent times, seized the opportunity to underline core principles of Hong Kong’s system amid much misunderstanding.
This year was no exception. The prominent figures, in their speeches, rallied behind the judiciary and underlined the role judges play in ensuring the system of justice is fair.
Their support is timely, providing a united response to criticism of the city’s courts from overseas for their role in applying the national security law, notably a bid by US lawmakers to sanction certain judges.
Chief Justice Andrew Cheung Kui-nung, one of those targeted, devoted his speech to the benefits of Hong Kong’s common-law system, highlighting fundamental features including an impartial judiciary, reasoned judgments, due process and the use of the English language alongside Chinese.
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But Cheung also flagged “critical components” that require vigilance. These include a need to persuade top lawyers to join the bench. Vacancies must be filled to ensure a high-quality and sufficiently well-staffed judiciary.
The top judge also urged the community to deepen its understanding of the system. Criticism of court decisions was perfectly acceptable, he said, but this must be distinguished from attacks on a judge’s integrity or impartiality.
An unpopular decision does not mean the system is malfunctioning. Secretary for Justice Paul Lam Ting-kwok, meanwhile, made a familiar plea for critics of court rulings to read the judgments and understand the reasoning.
With high-profile national security trials ongoing, we can expect further controversy. That is unavoidable. Steps taken by the judiciary to enhance transparency, including a move to live-stream some proceedings, will help further broaden understanding of the system.
Cheung stressed the judiciary’s responsibility for implementing the national security law “does not mean the courts will blindly convict all defendants or mete out the heaviest punishments possible”.
This should be obvious, but needed saying amid criticism of the 100 per cent conviction rate in national security law cases so far.
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More national security legislation is pending. Bar Association chairman Victor Dawes made the point that concerns need to be met with a thorough, transparent consultation process to ensure the right balance is struck between national security and the city’s freedoms.
The opening of the new legal year, with its traditional wigs and gowns, symbolises the continuity of our common-law system, upon which the city’s success depends.
Many challenges lie ahead. But by sticking to principles outlined in the ceremony, the legal profession can ensure the system is not only maintained but strengthened.
