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Top judge Geoffrey Ma reasserts Hong Kong’s judicial autonomy after Beijing criticism

  • Ma speaks publicly for first time since mainland official said power to interpret city’s mini-constitution rests solely with nation’s top legislative body
  • Features of local legal system ‘guaranteed and spelled out in the clearest of terms in the Basic Law’

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Geoffrey Ma said the Basic Law reflects the “implementation of the basic policy of the People’s Republic of China over Hong Kong”. Photo: Robert Ng

Hong Kong’s top judge has reminded critics of court rulings that judicial independence is a cornerstone of the local legal system, saying that is spelled out in the “clearest of terms” in the city’s mini-constitution.

Geoffrey Ma Tao-li was speaking publicly for the first time since Beijing said the power to interpret the Basic Law rested solely with the nation’s top legislative body, the National People’s Congress Standing Committee (NPCSC).

Last week, Zang Tiewei, spokesman for the NPCSC’s Legislative Affairs Commission, attacked a High Court ruling that led to the suspension of the city government’s mask ban. His further assertion, that the power to rule on a law’s constitutionality was the preserve of the committee, drew opposition from local legal experts.
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Speaking on Sunday evening at a gala dinner on the 50th anniversary of the foundation of the University of Hong Kong’s law school, Ma renewed calls for a proper understanding of the city’s legal system when a local court ruling is being criticised. The chief justice did not directly mention Zang’s remark.

“Our legal system rests on fundamental principles and features, such as equality before the law; determination of disputes strictly in accordance with the law; the presumption of innocence; the guarantee of a fair trial; and, above all, the independence of the judiciary,” Ma said during an address to the event.

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