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Hong Kong national security law
Hong KongPolitics

National security law: chief executive picking judges to hear cases undermines judiciary, warns former Hong Kong chief justice

  • Andrew Li says that if independent judiciary does not decide judges, city’s leader should at least receive recommendations
  • He expresses serious concern over central government hearing even small number of cases

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Hong Kong will be in charge of enforcement of the national security law, but Beijing has retained the right to overrule the city on certain rare cases. Photo: Warton Li
Gary Cheung

The Hong Kong leader’s appointment of designated judges to hear national security cases and Beijing’s exercise of jurisdiction over “a few cases” would be detrimental to the independence of the judiciary, the city’s first post-handover chief justice has said.

In a statement to the Post on Monday, Andrew Li Kwok-nang said it was “unfortunate” the draft of the new law had not yet been published after the National People’s Congress Standing Committee wrapped up a three-day deliberation on laws at the weekend.

“But it is significant to note the explanation of the Legislative Affairs Commission of the standing committee had stated that the legal principles of our system would be followed, including the presumption of innocence,” Li said. “There is no suggestion that the law would be retrospective.”

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Former chief justice Andrew Li says the chief executive will not know enough about the judges to make the selection on his or her own. Photo: Nora Tam
Former chief justice Andrew Li says the chief executive will not know enough about the judges to make the selection on his or her own. Photo: Nora Tam

The standing committee announced on Sunday it would meet again at the beginning of next week, a highly unusual flurry of activity for China’s top lawmakers who usually meet every two months.

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Multiple sources said the committee could pass the legislation as early as June 30, the eve of the 23rd anniversary of Hong Kong’s handover from British rule.

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