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Judicial Reform to Enhance Rule Of 8 | Monday, January 25, 2021 HONG KONG EDITION | CHINA DAILY COMMENTHK Willy Fu Festive mood Judicial reform to enhance rule of law Willy Fu says the judiciary in Hong Kong must put its house in order and replace ideologically biased, power-abusing judges with patriotic, uncorrupted ones he rule of law and judicial Judicial independence is not independence are some of Hong Kong’s core values and judicial autocracy or judicial cornerstones of socioeconomic kingdom. We need upright, development, but the judiciary incorruptible and patriotic has repeatedly su ered various abuse in recent years, including judges of impeccable character but not limited to certain judges consistently to serve justice in Hong Kong Pedestrians wearing face masks walk by Chinese traditional mascot for Lunar New Year at Tsim Sha Tsui. Tsetting free suspects of politically motivated RAYMOND CHAN / CHINA DAILY courts, otherwise there will be crimes in total disregard of the evidence pro- vided by the police; and anonymous letters sent no fair trial, particularly in polit- to court judges threatening to physically harm ically charged cases, because of or even kill them and their families if they con- the judges’ politico-ideological vict rioters. Such outrageous examples of abuse There is absolutely no chance for show a serious lack of deference to the rule of preference or bias or personal law among some members of the judiciary as beliefs. well as the public. It is high time the judiciary separatism in HK, so stop trying put its house in order for the sake of the rule of law by wiping out political favoritism and Former Chief Justice of the CFA Geo rey Ma replacing ideologically biased, power-abusing Tao-li, when sharing his thoughts on claims ince China resumed the exer- tory information. He also set up a judges with patriotic, uncorrupted ones. Judi- such as “separation of powers” and “the rule of cise of sovereignty over Hong crowdfunding account to collect dona- cial reform is not just necessary but also urgent law is dead”, was emphatic that he had never Kong 23 years ago, there have tions, without explaining what hap- to cure the ills plaguing the judiciary and safe- experienced any pressure from the HKSAR been endless attempts to pened to his “su cient” bank savings guard or enhance the rule of law. government or Beijing, adding that Hong Sobstruct the implementation of “one he previously bragged about. Articles 2, 19 and 85 of the Basic Law stipu- Kong and the mainland can always exchange country, two systems” in the Hong Junius Ho and Hui found his calling in politics at late the Hong Kong Special Administrative views on judicial matters despite the di er- Kong Special Administrative Region a relatively young age and did not Kacee Ting Wong Region (HKSAR) enjoys the right of indepen- ence between two law systems. He also said the (HKSAR) by local and external forces Junius Ho Kwan-yiu is a Legislative take long to stand out thanks to his dent adjudication, including the right of fi nal claim that “the rule of law is dead” is unaccept- hostile to China. Council member and a solicitor. knack for over-the-top acts in public. adjudication, free of any forms of outside inter- able if it is only because someone doesn’t agree As we all know, “one country, two Kacee Ting Wong is a barrister and a Once established as a rising star in vention. By defi nition “judicial independence” with a particular court ruling. As for public systems”, which was originally for- part-time researcher of Shenzhen Uni- the second echelon of the Democratic means judicial institutions, courts, judges and demands for immediate judicial reform, he mulated as a strategy by the central versity Hong Kong and Macao Basic Party, he was selected and groomed for other functionaries, when performing their said it is the right thing to do if there is a good government to maintain the prosper- Law Research Center. a bigger role in the inner circle of the o cial duties, must not be a ected by unlawful reason for it, and inability to win court cases ity and stability of Hong Kong, Macao opposition camp. Soon he was given pressure or infl uence. is no reason to demand judicial reform. I am and Taiwan after reunifi cation with tion” of 2019, with “Liberate Hong resources and a platform to shine Newly appointed Chief Justice of the Court grateful that Justice Geo rey Ma found a well- the mainland, has been enshrined in Kong, Revolution of Our Times” as its brighter in politics. In his private life of Final Appeal (CFA), his honorable Justice qualifi ed CFA chief justice in His Honorable the Basic Law of the HKSAR and the separatist battle cry, have fl ed overseas Ted Hui was known for being very Andrew Cheung Kui-nung, writes in his wel- Justice Andrew Cheung to helm Hong Kong’s Macao Special Administrative Region one way or another since the National close to his multi-generation family, coming message on the o cial webpage of the top court. Justice Ma deserves our respect for (MSAR). Promulgated according to the Security Law for the HKSAR was pro- including his children and grandfa- HKSAR Judiciary, “The Basic Law provides that nearly 20 years of contribution to the rule of Constitution of the People’s Republic mulgated and took e ect on June 30, ther, all of whom he managed to send the Hong Kong Special Administrative Region law in Hong Kong. of China, the Basic Law is the constitu- 2020. Their escape from justice has overseas even before he fl ed Hong shall be vested with independent judicial power, As new chief justice of the CFA, Justice tional foundation for governing Hong categorically shattered any pretense Kong. However, his human side has including that of fi nal adjudication. The Judi- Andrew Cheung’s top priority should be put- Kong and Macao now and will apply to hide their opportunistic true colors been overshadowed by his failure to ciary maintains an independent, transparent ting the judiciary in good order according to in Taiwan as well eventually. On this and criminal exploits. All the vows match his political grandiosity with and e ective judicial system which upholds the Basic Law of the HKSAR and keep Hong constitutional foundation, Hong Kong they have uttered of devoting their worthy integrity for those he left the rule of law and safeguards the rights and Kong courts professional, impartial and is expected to reach new heights of lives to “safeguarding Hong Kong” behind in Hong Kong. It can even be freedoms of the individual.” Judicial fairness e cient in administering justice while duly socio-politico-economic development. must give way to their personal free- said that, by fl eeing Hong Kong to requires judges to keep their personal prejudice/ updating the judicial system in response to the All of us should do our best to live up dom to do anything they want with shun legal liability, he has set an ugly bias absolutely o judicial matters. Judges, changing times and justifi ed public expecta- to such high expectations. impunity. example for generations of “pan-dem- when handling politically charged cases, must tions. The judicial institutions have a huge As Mr Justice Henry Litton, a for- There are di erent reasons why they ocrats” to loathe in the years to come. honestly refrain from letting their own politico- backload of cases to hear and rule over; and mer permanent judge on the Court of chose to become fugitives. However, That said, he is hardly alone in making ideological bias or preference a ect their com- it is Chief Justice Cheung’s responsibility to Final Appeal of the HKSAR, pointed there is one common exercise they such a disappointing choice. After all, ments in court hearings, ruling and sentencing, see them handled in a fair and timely fashion out, Beijing has not strayed from have all been doing overseas: online most if not all political players like and treatment of the prosecution, defense and in the best interest of Hong Kong society as the course set for Hong Kong and crowdfunding to sustain their daily him chose this career for personal gain witness judgment. They must be extremely care- a whole and that of the judiciary itself. It is “one country, two systems” has never life. Apparently being a part of the rather than some lofty ideal. ful with their judgment to ensure absolutely no no doubt a giant challenge but one the chief changed (refer to his articles: “It is “black revolution” came with some Back when the “black revolution” unprofessional or slanted opinion exists in their justice cannot avoid or overlook. Judicial inde- time for urgent reform” and “Reasons heavy baggage, not the least the new broke out in June 2019, with the court decisions that could weaken public confi - pendence is not judicial autocracy or judicial for judicial reform” in Ming Pao dated dependence on crowdfunding to sur- now-shelved Fugitive O enders and dence in the judiciary. kingdom. We need upright, incorruptible 3/9/2020 & 25/11/2020). That is inar- vive in the “free world”. Admit it or not, Mutual Legal Assistance in Criminal “All equal before the law” is the heart and and patriotic judges of impeccable character guably correct. We also agree that the they cannot deny their absolute fear Matters Legislation (Amendment) Bill soul of the rule of law, but how should we to serve justice in Hong Kong courts, other- implementation of “one country, two of the National Security Law in Hong as an excuse, Hui and fellow travelers ensure all judges are free from political/ideo- wise there will be no fair trial, particularly in systems” has been basically smooth.
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