“This way of looking at things necessarily results in a very narrow or even distorted picture of the breadth and width of our judicial work, and more generally, the state of the rule of law and judicial independence in Hong Kong.”
Hong Kong justice chief makes misconduct complaints against lawyers on wanted list
Hong Kong justice chief makes misconduct complaints against lawyers on wanted list
His call for judges to resist what he called outside interference comes ahead of legislative work on Hong Kong’s own national security law, required by Article 23 of the city’s Basic Law mini-constitution. The legislation is scheduled to be completed by the end of this year.
Cheung is among 45 judges and prosecutors whom a trio of US lawmakers want to add to an existing sanctions list over Beijing’s imposition of the national security law in 2020.
Labelling such penalties against judicial officers “repugnant to the rule of law and fundamentally objectionable”, he urged judges to stand firm against “illegitimate pressure” and interference when handing down decisions.
“Judges must be able to decide cases and explain their decisions in judgments without interference or illegitimate pressure. This is of cardinal importance to judicial independence,” he said.
Cheung also called on society to distinguish between a court decision and judges’ integrity when discussing “unpopular” judgments.
Hong Kong chief justice warns over ‘unrealistic expectations’ of judiciary’s role
Hong Kong chief justice warns over ‘unrealistic expectations’ of judiciary’s role
“When a court makes an unpopular or even wrong decision, it does not follow that the justice system or the judiciary is malfunctioning or requires some reform and changes,” he said.
Noting judges were vital to the judicial system, Cheung urged the sector’s best talent to consider working at the High Court as a way to give back.
“No doubt that would involve making personal and financial sacrifices,” he said. “Life as a judge is busy, challenging and at times stressful and lonely. But at the same time, it is decidedly meaningful, and can also be truly satisfying and rewarding.”
Official figures showed that as of November last year, the judiciary had 50 vacancies, almost a quarter of the 211 positions available. Posts went unfilled at all levels, with a higher vacancy rate in the High Court.
Hong Kong’s Chief Justice Andrew Cheung to meet country’s top judge in Beijing
Hong Kong’s Chief Justice Andrew Cheung to meet country’s top judge in Beijing
Cheung also mentioned Chinese President Xi Jinping’s reaffirmation that the city would remain a common law jurisdiction.
“It is the legal system that the people of Hong Kong are familiar with and place their trust in,” he said, citing certain entrenched features such as neutral and impartial judges, the adversarial mode of litigation, the presumption of innocence and equality before the law.
Cheung said the continuation of the common law system was a remarkable accomplishment for the nation and Hong Kong, and reflected the successful implementation of the “one country, two systems” governing principle.
“It demonstrates the abiding confidence that the central government places in the Hong Kong Special Administrative Region as a distinct legal jurisdiction underpinning a capitalist society, and this in turn fosters public and international confidence in the continued success of Hong Kong after 1997,” he said, referring to the year Britain handed the city back to Chinese rule.