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’
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).
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.
“These and others are all the features of common law, and it’s important to understand that they are guaranteed and spelled out in the clearest of terms in the Basic Law.”
He continued that the Basic Law reflects the “implementation of the basic policy of the People’s Republic of China over Hong Kong”, adding that that should be the starting point of any criticism.
“So when I hear commentaries about ... the outcomes of cases before the court or about our legal system … I turn to basics, and those are largely contained in the Basic Law. All these would be obvious to any law students, and certainly to any lawyers.”
Ma stressed that the system of common law had served the Hong Kong community well, with the benefit of a world-class legal profession and a well-respected judiciary.
“I can say from my own experience that Hong Kong is regarded as very much a part of the common law world and enjoys considerable support and admiration from our counterparts in many jurisdictions, including the United Kingdom, Australia, Canada and New Zealand, which our non-permanent judges of the Court of Final Appeal [come from].”
