High Court judge gets warning from Hong Kong’s chief justice after name appears on petition against extradition bill
- Veteran judge’s name appears on petition launched by fellow alumni
- Judiciary confirms a judge was ‘advised to refrain from doing so in the future’
A High Court judge and former classmate of a jailed Occupy leader has been given a warning by the city’s chief justice after his name was found on a petition against the government’s fugitive bill.
The Hong Kong judiciary confirmed on Saturday that a judge’s name was among the nearly 3,000 names on the alumni group’s petition denouncing the proposal, which would allow the case-by-case transfer of fugitives to jurisdictions with which Hong Kong does not have an extradition agreement, notably mainland China.
The judiciary did not reveal the name of the judge.
“The chief justice was given to understand that the joint statement was signed by the judge in his personal capacity some time before the chief justice’s statement on May 29,” said the spokeswoman in a statement to the press.
“The judge was advised to refrain from doing so in the future, and he agreed with the chief justice’s views.”
A legal expert said, judges serving on the bench should – as a general principle – refrain from commenting on controversial matters.
The Guide to Judicial Conduct, a non-binding code for Hong Kong court officials, defines impartiality as a fundamental quality that judges must exhibit – in and out of court – to maintain public confidence.
Li graduated from HKU’s law school at the same time as Benny Tai Yiu-ting, the pro-democracy leader, and Rimsky Yuen Kwok-keung, a former justice minister.
After serving as a government counsel, Li joined the bench as a magistrate in 1993 and became a chief district judge in 2008. In 2012, he was appointed to join the Court of First Instance.
Johannes Chan Man-mun, a legal scholar, said judges must guard their opinions on matters that might one day come before them in court.
“There are certain grey areas about when judges can make public comments. But, generally, it would be prudent for judges to refrain from joining such a petition,” Chan said.
“This is mindful that the judiciary might be seen to have been dragged into the public debate over the extradition bill.”
Chan said even though the judge might not directly handle extradition cases, any appeal could still go before a High Court judge specialised in criminal matters, including Li.
But Chan pointed out that the government’s proposal had forced some judges to speak up because it put the courts in a difficult position.
Two professional legal bodies, the Hong Kong Bar Association and the Law Society, have both questioned the urgency of the bill.
Ronny Tong Ka-wah, a senior counsel and member of the Executive Council, said he was surprised and disappointed that a judge had weighed in on a political debate.
“It would create an impression that judges are also taking sides,” Tong said.
He conceded, however, that the judicial code is non-binding for judges and leave the chief justice to follow up on matter of perceived impartiality.
This week’s incident was not the first time Li’s name purportedly appeared on an HKU alumni petition.
In May, the name “Patrick Li Hon-leung” was signed to a petition asking HKU to deal with the tenure of Tai, the activist, according to university procedures. At the time, there was also a signature of retired judge Andrew Ma Hon-cheung. The judiciary refused to comment at the time.
Three legal sources close to Li said it was likely that the judge had signed the petition against the extradition bill. A political source close to Tai, said the jailed activist told him that two of his classmates had signed the petition.
The Post reached out to Li through the HKU alumni group but had received no reply.
