Hong Kong’s top judge urges city’s lawyers to defend legal system, stand up to any interference
- Chief Justice Andrew Cheung says at appointment ceremony for senior counsel their roles come with leadership responsibilities and societal expectations
- Comments come a week after US congressional advisers called for sanctions on 29 judges hand-picked by city leader to hear national security cases
Hong Kong’s top judge has urged all lawyers in the city to speak out in defence of the local legal system and stand up to any attempt to interfere with the duties of the judiciary.
At a ceremony to appoint four new senior counsel on Saturday, Chief Justice Andrew Cheung Kui-nung said their roles were not merely an indication of professional excellence, but came with the responsibilities of leadership of the independent bar and all its best qualities, “including the upholding of the rule of law and the proper administration of justice”.
“Whilst on this topic of strengthening the rule of law in Hong Kong, it is impossible not to mention that it is a duty of all lawyers, but in particular the inner bar, to protect the rule of law against those who would seek to undermine it,” Cheung said.
“It is their duty to speak out in defence of Hong Kong’s legal system, including the independence of the judiciary, and to stand up against any attempt to interfere with the due administration of justice by our judges.”
The top judge was speaking a week after US congressional advisers called for sanctions on 29 judges appointed to hear national security cases by the chief executive, including Cheung himself.
The city’s judiciary and the Chinese foreign ministry had both condemned the report, with the former reiterating the guarantee of the rule of law and judicial independence under the Basic Law, and the latter slamming the report as a “fact-distorting move” to smear China.
Hong Kong’s judiciary condemns call by US panel for sanctions on 29 judges
Cheung on Saturday also highlighted in his speech the significant roles of senior counsel under the “one country, two systems” principle, which he said had been maintained along with the city’s common law traditions.
He noted the city’s arrangement of split professions between lawyers and senior counsel, with the role of the latter to ensure clients had the benefit of independent legal advice and representation, particularly at trial. The “cab rank rule”, Cheung noted, prevented barristers from refusing work just because they disagreed with the actions or views of those seeking their services.
Members of the inner bar have held high public offices and served in various statutory bodies as chairpersons and members since 1997, according to Cheung, who said senior counsel were not only sought after for their legal services, but also for the weight they carried in society.
“[The appointment] is an onerous one, one that requires a large degree of looking to the future, not only of the applicants’ professional careers and maturity as a person, but of their potential contributions to the bar, the law, and to the rule of law and future of Hong Kong.”
Hong Kong leader won’t explain if foreign lawyers barred from state security trials
Secretary for Justice Paul Lam Ting-kwok, who also gave a speech at the ceremony, assured the legal community that Hong Kong’s common law system was a unique advantage held by the city.
“Our legal system is unique in the sense that Hong Kong is the only place within China that practises the common law,” he said. “It is an advantage because our common law system has a long history and enjoys a very high reputation around the world. It is a renowned common law system with Hong Kong characteristics under the principle of one country, two systems.”
Lam urged the new senior counsel to speak up for the legal system and reassure the public with their respected voices.
“It is important to ensure that people will not be misled or lose confidence in our legal and judicial system. It is equally important to show to our enemies our solidarity, resilience and determination to rise up to challenges, and that we will not be deterred,” he said.
Bar Association chairman Victor Dawes pointed out that members of his profession continued to face complaints for representing unpopular clients, adding that rightful legal representation was guaranteed under the Basic Law, the city’s mini-constitution.
“Some members of our society continue to associate our members with the lay clients they represent. The attacks should not be encouraged or tolerated,” Dawes warned at the ceremony.
Addressing residents’ rights in national security cases, he said the balance between safeguarding national security and maintaining fundamental rights “could be delicate and fluid”.
“The public should be entitled to exercise the freedom of speech, so long as the law is observed, as this is guaranteed by Article 27 of the Basic Law, and this will be conducive to the right balance being attained,” Dawes said.
He also reiterated condemnation by his sector and the government of the US report, before expressing confidence in the new senior counsel to protect the legal system.
The four senior counsel admitted this year were criminal barrister Bruce Tse Chee-ho and civil barristers Anthony Chan Ho-ki, Mike Lui Sai-kit and Christopher Chain Siao-liang.
Meanwhile, the chief justice will depart for Beijing on Sunday night for a four-day visit, during which he will meet Chief Justice Zhang Jun, the new president of the Supreme People’s Court, and other officials
He will also visit a smart laboratory operated by the top court, the Beijing Financial Court and the Beijing International Commercial Court, where he will discuss issues relating to judicial work and the use of technology.
