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. settingT 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 “suŒ 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 oŒ 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 oŒ 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 eŒ 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. Kong, which they had to fl ee at all cost. believed they were invincible and very logical preference, impartial and fair to all politically charged cases, because of the judges’ All incidents or storms of controversy When their very survival is in question, close to taking over Hong Kong. Today, parties involved in court cases? After all, judges politico-ideological preference or bias or per- arising from “one country, two sys- how can they fi nd time and energy to he and other fugitives are viewed are human beings with their own opinions sonal beliefs. tems” have been caused by deliberate think about anything other than food by many as traitors or cowards. The and faiths as well as the right and freedom to acts by some with an intent to distort and shelter, let alone the future? saddest part of this episode in the his- express personal views and practice their cho- The author is a member of the Chinese As- its meaning — without fail. Among those fugitives, former Leg- tory of the HKSAR is that few in the sen beliefs. That said, judges’ individual rights, sociation of Hong Kong and Macao Studies, With the benefi t of hindsight, we islative Councilor Ted Hui Chi-fung is opposition camp have an inkling of an freedoms, opinions and beliefs do not belong in Executive Council vice-chairman of the Hong can now gain a better understanding arguably the most “celebrated” fi gure, idea why they lost and why they can their court decisions, which can only be based Kong Legal Exchange Foundation and adjunct of the motives behind the actions tak- who lost no time in fl ying to Europe, never achieve their goals, which are in on facts, evidence and relevant laws. Members professor at Beijing Jiaotong University’s Law en by those political radicals in Hong allegedly to attend a climate change fact unrealistic, despite all the external of the public always expect all sitting judges to School. This is an abridged translation of his Kong. Let us start with the fugitives. conference of some sort in Denmark. support they have. be fair and impartial in court no matter what article published on Orange News on Jan 21. It is no secret that a number of As soon as his travel itinerary was happens and who can blame them for making The views do not necessarily refl ect those of China leading opposition fi gures who played revealed, he issued a statement on The views do not necessarily refl ect such basic expectation and demand? Daily. prominent roles in the “black revolu- social media with hazy and contradic- those of China Daily. New Year break a good time for people to plan for the future

The central government announced which plunged roughly 4.4 percent. program for COVID-19 immunity is year of 2020 and is still haunting us enjoying restaurant dinners with on Jan 18 that against the backdrop The SAR government announced on rolled out in Hong Kong. in 2021, can we resume a normal fl ow their loved ones? Don’t you want to of the COVID-19 pandemic, the Chi- Jan 19 that the city’s unemployment I understand that some people are of people between Hong Kong and the be part of this buzzing economy? nese mainland achieved 2.3 percent rate for the three months ending having doubts about the safety and mainland and further integrate the If so, then Hong Kong people need growth in gross domestic product in in December rose to 6.6 percent, a e ectiveness of COVID-19 vaccines, city into the Guangdong-Hong Kong- to be realistic, and jump onto the Sophie He 2020, and a much higher 6.5 percent 16-year high. but oŒ cial data have shown that they Macao Greater Bay Area. country’s “dual-circulation” band- The author is a GDP growth in the fourth quarter of Lam urged the city to capitalize on are e ective and safe, and I trust that My colleagues in Shenzhen told wagon real quick so we don’t get left Hong Kong-based 2020. The fi gures are nothing short its “strong fundamentals and unique the SAR government will make prop- me that during the past six months behind. journalist. of a miracle, as the mainland was the advantages as the international fi nan- er arrangements for its residents to or so, export companies and facto- The Chinese New Year is fast only major economy to expand in a cial center of the country and one of get the right vaccines in an orderly ries on the mainland side of the Bay approaching. This year’s celebrations turbulent 2020. the world’s major fi nancial hubs”. manner. Area have been getting more orders will be unprecedented for Hong Kong This achievement really demon- I couldn’t agree more. I think Hong The chief executive is also cau- from overseas than they can fulfi ll. people, with practically no tourists in strates that the central government’s Kong people should feel a sense of tiously optimistic about the economy: Due to the impact of the pandemic, the city and all the traditional activi- decisiveness in controlling the spread urgency for the city to proactively “There will be a real momentum for Western countries have huge demand ties canceled. Hong Kong people will of COVID-19 was crucial and it pre- take up its role in the country’s devel- recovery in the second half of the for home-oŒ ce equipment and sup- have to stay put. No traveling back vented the world’s the second largest opment, contributing to the economic year” if the vaccines are as successful plies, electronic devices and toys for to Guangdong province for family economy from plunging into recession. miracle while also benefi ting from it. as expected, she told the Jan 18 forum. children and pets, and the mainland reunions, nothing; just a few days o On the same day, Chief Executive So I couldn’t help wondering what For that to happen, Hong Kong is the supplier to which overseas con- from work so we can all think about Carrie Lam Cheng Yuet-ngor told a we, as ordinary Hong Kong residents, people need to make a concerted sumers have turned. what we should do, and where the forum that Hong Kong’s GDP was should do to lead the city, our home- effort to overcome the COVID-19 Doesn’t that sound exciting? Don’t city should go in the future. estimated to have declined by 6.1 per- town, to a brighter future. In my opin- virus by getting vaccinated as much you envy your friends who live on the cent last year, a performance poor- ion, the very least we can do is to get as possible. Only after eradicating mainland and are carrying out their The views do not necessarily refl ect er than that of the global economy, the jab when the mass vaccination the virus, which cost us dearly in the career plans, going to movies and those of China Daily.