Tightening the screws on Hong Kong’s freedoms, Beijing has declared “loving China” mandatory for all judges in Hong Kong while they carry out their judicial duties.
Judges at all levels are considered a part of the executive and administrative machinery, according to a “white paper” published by Beijing. This not only means a shift away from the concept of judiciary independence, but also casts a deep and long shadow on the career of tens of dozens of expat judges recruited from western countries like Britain and Australia, whose British wig-and-robe attire has long been an outlandishly grotesque eyesore for all patriotic Chinese.
Hong Kong’s judiciary shelters enough white-skinned pigs and common-law-brainwashed yellow-skinned dogs, to be viewed with a slanted eye of suspicion and hostility by Beijing. Cheng Jie, a law professor from Tsinghua University of Beijing, warned at an open forum in 2012 that all Hong Kong’s judges should be of Chinese nationality, and eventually should all be ethnic Chinese. The white paper’s bluntly worded “loving China” requirement for all judges serves as an official reminder. The writing has long been on the wall—if the gweilo judges want to consider their future rice bowl secure, a constant love for Chinese cuisine like steamed fish in Lei Yue Mun is no longer sufficient. All judges must demonstrate while sentencing that China has been loved, with a full sincerity that meets Beijing’s satisfaction.
This could throw a number of current cases against the rocks. Timothy Tong, former ICAC commissioner, is on trial for alleged corruption for receiving cartons of Mao Tai wines and luxury gifts from Chinese officials during many official trips to the mainland while he served. Out of his deep personal love for China—and since love is blind, possessive and selfish—poor patriotic TT had greedily and rather foolishly kept the Motherland’s gifts to himself, rather than making a declaration and sharing these tokens of Chinese love with the SAR government. A China lover being persecuted by a batch of non-China lovers under the excuse of anti-corruption, according to what? Laws drafted during the anti-China colonial years? It is so far a love that dare not speak its name.
And what about the Sun Hung Kai–Rafael Hui alleged corruption case? A former Beijing-appointed chief secretary, whose patriotism is beyond any doubt, is on trial. The high court judge has ordered the formation of a nine-member jury. Jurors were decided at random like the Mark Six lucky draw: where’s the love-China quality guarantee? China has so far not declared its position on Hui: which could leave the jury—even if they try hard to reach a love-China verdict—in confusion and bewilderment. Hong Kong judges and jurors will only know how to reach a legal conclusion. This is against the traditional treatment of any patriotic Chinese such as Bo Xilai, whose character Beijing will officially announce as innocent or treacherous. The latest white paper means an urgent consultation is needed with Beijing on the SHK–Hui case—not to mention the question of conducting trials in Putonghua as soon as possible. Another missing jigsaw piece of the China dream to be sorted out by CY Leung.
Chip Tsao is a best-selling author, columnist and a former producer for the BBC. His columns have also appeared in Apple Daily, Next Magazine and CUP Magazine, among others.