Hong Kong’s Chief Justice Geoffrey Ma issues rare public rebuke of judge who compared protesters to ‘terrorist army’
- District Judge Kwok Wai-kin caused controversy after expressing sympathy with man he jailed for 45 months over triple stabbing
- Ma says judges should refrain from expressing ‘unwarranted and unnecessary political views’
Hong Kong’s chief justice issued a rare rebuke of a sitting judge on Monday, and warned that expressing “unnecessary political views” threatened to erode the public’s faith in the legal system.
In a rare statement on Monday, Ma said judges and judicial officers must not be biased nor reasonably perceived to be biased.
“For this reason, they must refrain from unnecessarily expressing in public, including in their judgments, any views on matters that are controversial in society or may come before the courts for adjudication. This is particularly so with political views of whatever nature,” his statement read.
“A judge or judicial officer who expresses in public unwarranted or unnecessary political views risks compromising the appearance of impartiality and ability to hear any cases in which one’s political stance may reasonably be regarded as relevant.”
Not sticking to these principles would threaten the public’s confidence in the independence and impartiality of the judiciary, Ma added.
Hong Kong lawyer attacked by black-clad mob near protest area
In his controversial judgment, he described Hung as “an involuntary sacrifice and a bloodstained victim hanging by his last breath” amid the social unrest. The knife attack left the three victims, aged 24 to 35, needing hospital treatment.
But Kwok, who once said politics played no role in sentencing, said the defendant would not have committed such a serious offence if it were not for the social unrest.
Ma said the ruling caused controversy because “there is a risk that some reasonable, fair-minded and well-informed people could reasonably take the view that the aforesaid principles may have been compromised in that a wrong perception was given”.
Having already reminded Kwok of the importance of upholding these principles, Ma said he had agreed that the judge should not deal with any cases involving a similar political context, for the time being.
Judge jails man for Lennon Wall attack but saves ire for black-clad ‘terrorists’
Ma recently announced his retirement as chief justice, and will step aside in January 2021 to be replaced by Mr Justice Andrew Cheung Kui-nung.
Since last summer, Hong Kong has been gripped by social unrest that was triggered by the now-withdrawn extradition bill, and later morphed into a wider anti-government movement.
The increasingly violent confrontation between protesters and officers had seen the arrest of about 8,000, while at least 1,365 people have been prosecuted.
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