‘Unrealistic expectations’ of Hong Kong judiciary may erode public confidence in judicial system and rule of law, chief justice warns
- Chief Justice Andrew Cheung says courts must respect and uphold the constitutional order of the city even as he stresses their independence
- In speech delivered at the opening of the legal year, he also emphasises that it is not the courts’ function to make laws, public policies or political decisions
Hong Kong’s chief justice on Monday set out the scope and limits of the judiciary’s reach, arguing misconceptions of its role might lead to “unrealistic expectations” that could eventually erode public confidence in the judicial system and the rule of law.
Cheung’s address followed last month’s interpretation of the national security law by the country’s top legislative body over whether foreign lawyers could take on sensitive cases in Hong Kong.
The ruling, handed down in response to media mogul Jimmy Lai Chee-ying’s bid to hire British King’s Counsel Timothy Owen to represent him in his trial on charges of collusion with foreign forces, left the decision to Hong Kong’s chief executive and a top national security committee in the city.
Cheung also emphasised that it was not the courts’ function to make laws, public policies or political decisions.
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“The Basic Law and other relevant laws in Hong Kong set out as well as delimit the jurisdiction of the courts,” Cheung said in his speech at the ceremonial opening of the legal year, referring to the city’s mini-constitution.