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Secretary for Justice Paul Lam defends the city’s judicial system from external pressure as the legal profession marks the start of its year. Photo: Elson Li

Hong Kong justice minister Paul Lam defends impartiality of courts in national security cases and warns of continued threats to judicial independence from overseas

  • Lam tells legal profession at start of their year that system is ‘duty-bound’ to make sure defendants in national security cases ‘will receive a fair trial’
  • He adds best way to deal with ‘improper interference is to stay calm and composed, carrying on with our respective duties’

Hong Kong’s justice minister has defended the impartiality of courts hearing national security cases and said threats to the independence of the judiciary from other countries were expected to continue.

Secretary for Justice Paul Lam Ting-kwok on Monday condemned a “Western country” for its proposal last year to enact sanctions on dozens of members of the city’s legal profession.

Speaking at a ceremony to launch the new legal year, the minister called the move an attempt to deter judges and lawyers from handling national security cases or influence their decisions.

“Indeed, the best way to handle any such improper interference is to stay calm and composed, carrying on with our respective duties and, at the same time, to maintain and promote the transparency of the judicial process,” Lam said.

(From left) Secretary for Justice Paul Lam and Chief Justice Andrew Cheung at City Hall help to mark the start of the legal year. Photo: Elson Li
Last November, a group of members of the United States House of Representatives and the Senate called for expanding the list of people sanctioned for their involvement in the Beijing-imposed national security law.

The names to be added to the list included Lam and Andrew Cheung Kui-nung, the chief justice, as well as more than 40 other judges and prosecutors.

Lam defended the legal system’s fairness in its handling of national security cases and the openness and independence of trial procedures.

“In particular, it is duty-bound to ensure that defendants charged with national security offences will receive a fair trial and that their guilt will be determined in accordance with the relevant law and evidence only, nothing more and nothing less,” Lam insisted.

He added hearings and judgments in national security trials were open and accessible to the public and accused some of not examining court records before they made accusations.

“The real problem is that many people did not bother to do so before passing their own judgments,” Lam said. “For any reasonable and objective bystander who is eager to seek the truth, he or she will not see one iota of evidence that the judiciary’s independent power has been compromised in cases involving national security.”

Lam promised that the government would protect judges and prosecutors so they could carry out their duties “without fear from intimidation”.

He highlighted the need to reinforce trust in the city’s judicial system and said the legal system was an “ally”, in spite of the need to maintain its independence.

Lam said the justice system had a crucial role in the defence of the rule of law and ensuring it could serve the “one country, two systems” governing principle.

“The need to maintain and promote people’s trust and confidence in our legal and judicial system has become more acute when false and misleading allegations appear from time to time in this respect, very often prompted by complex and volatile geopolitics,” he added.

Lam also underlined the government’s commitment to the promotion of mediation and forging links between the city’s legal system and its mainland Chinese counterpart to better serve the national interest.

Lam noted the government had supported a bid for the International Organisation for Mediation, a mainland-led body, to be set up in the city first, with the old Wan Chai Police Station earmarked as the site of its preparatory office.

A decision could be made within the next few months.

Lam added the Department of Justice would also support the judiciary to strengthen the city’s accreditation system for mediators, incorporate mediation clauses in government contracts and encourage private organisations to follow suit.

Chan Chak-ming, the head of the Law Society, said there was a need to defend authorities from “politically driven attempts” to pressure judges, prosecutors and government officials through sanction threats.

“These actions were clear interference with judicial, prosecutorial and governance integrity that went against every core value embraced in the rule of law,” he said.

“These politically driven attempts, if undefended, will blur the facts and the legal principles and confuse the general public.”

Victor Dawes, the chairman of the Bar Association, took aim at “unfair criticisms and pressure applied against our judges from overseas”.

He also shed light on the legislation for a city version of the national security law under Article 23 of the Basic Law, the city’s mini-constitution.

Dawes said some of the attacks on the imminent bill claiming Hong Kong was no longer a free city and that the rule of law was dead were unfair, but that “many people do have genuine concerns”.

He highlighted the need for clear and precise terms to be used in the new legislation.

Dawes added that the consultation process should be transparent and thorough to “refute any suggestion that our government is not prepared to listen”.

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