Law Society responds to Elsie Leung's criticism
The Law Society defended Hong Kong’s independent judiciary on Wednesday, warning the government to “act cautiously” before seeking any interpretation of the Basic Law from Beijing.
Two legal bodies issued strong defences of Hong Kong’s independent judiciary on Wednesday, with the Law Society warning the government to “act cautiously” before seeking any interpretation of the Basic Law from Beijing.
The society and the Hong Kong Bar Association were defending the judiciary against a scathing attack by former justice minister Elsie Leung Oi-sie on Saturday.
Leung had faulted the legal profession in Hong Kong, including judges, for lacking an understanding of the relationship between the central government and the special administrative region. This had led to mistakes in previous rulings in which the top court has superseded the central government’s power, she said.
Leung recommended the government seek an interpretation of the Basic law from National People’s Congress Standing Committee to solve the issue of mainland women giving birth in the city.
On Wednesday, the Law Society’s in its statement said it believed “the government should act cautiously when considering whether to seek an interpretation of any provisions of the Basic Law.” Further, it said, “a referral to the NPCSC to interpret Article 24(2)(1) of the Basic Law will undermine the authority and standing of the Court of Final Appeal and likely damage the rule of law in Hong Kong.”
Later on Wednesday, the Department of Justice added its voice to the debate by saying judicial independence and the rule of law are part of Hong Kong’s core values. Article 85 of the Basic Law, it said, specifies that Hong Kong courts “shall exercise judicial power independently, free from any interference”.