8 | Monday, March 22, 2021 10 | Tuesday, June 8, 2021 HONG KONG EDITION | CHINA DAILY COMMENTHK HKBA: Speak up for the Upholding judicial independence judiciary in foreign places Grenville Cross says ‘repeated and gratuitous questioning of judiciary’s independence’ damages the rule of law

n May 29, at a ceremony and that anybody who deliberately fl outs in the Hong Kong Court it must expect, as in the UK and the US, of Final Appeal, four to face trial? And has he told them that barristers “took silk”, the defendants, if they so choose, can a reference to the silk challenge the judge’s decisions before the gown which barristers Court of Appeal, a highly acclaimed body? are entitled to wear Grenville Cross If he has not defended the judiciary in The author is a senior counsel, law this way, why is that so? upon their appointment as Senior Coun- professor and criminal justice analyst, A group of Hong Kong residents on Monday holds banners calling for the Osel. Such appointments are highly prized, and was previously the director of public Although Harris succeeded Dykes as improvement of the Hong Kong Bar Association’s supervision system and to show support for “patriots governing Hong Kong” outside the Legislative Council and it is always a great thing, denied to prosecutions of the Hong Kong SAR. HKBA chairman on Jan 21, the situation many, when a barrister leaves the “Outer was not much better under his predeces- Complex. RAYMOND CHAN / CHINA DAILY Bar” to join the “Inner Bar”. Some bar- sor. On Dec 2, for example, three oš end- risters apply numerous times for this The HKBA members, ers were imprisoned for their role in the distinction, which can open many doors, whether Senior Counsel or six-hour siege of the police headquarters in Wan Chai in 2019, which caused chaos and entitles those in private practice to ordinary barristers, look to greatly enhanced fees. and paralyzed police operations. The Struggle between the Three of the four Senior Counsel are people like Harris to provide magistrate, Wong Sze-lai, described the private practitioners, while the fourth is a a lead, and to defend the crime as “well-planned”, and provided prosecutor in the Department of Justice. cogent reasons for sentence. This, howev- judiciary in foreign parts. With their appointments, there are now er, did not prevent the UK Liberal Demo- ideological path and 105 Senior Counsel in private practice, When this is not forthcom- crats’ foreign aš airs spokesman, Layla of whom 93 are male and 12 female. ing, it is little wonder if Moran, from immediately calling the con- Whereas the most senior is Martin Lee victions “a total miscarriage of justice”, Chu-ming, who was appointed in 1979, many of them do not step and demanding “coordinated sanctions” the pragmatic path the most junior is Norman Nip Sum-ping, up to the plate. In the Qing against local o› cials. from the latest batch. Dynasty (1644-1911), the Given the gravity of the siege, which As of January 2021, there were would not have been tolerated in the ast week, several commentators approximately 1,500 barristers in private emperors relied on the UK and caused both injury and dam- wrote on the June 4 incident practice, including the (then) 101 Senior 40 warriors of the Yellow age and resulted in numerous 999 calls because this month marks the going unanswered, the question arises Counsel. The Senior Counsel are the Jacket to protect them in 32nd year of the fateful and leaders of the Bar, and to them it falls to of whether Dykes, or Harris, contacted Lunhappy event. In the minds of many, the battle, and many people will Moran to set her straight. She obviously undertake many of the most important Hong Kong Special Administrative Region Ho Lok-sang cases, to set standards, and to assume wish to know if the Harris- needed to know that the defendants had government was bent on shutting them up The author is a senior research fellow public responsibilities. In due course, received a fair hearing on a very serious so they cannot speak the truth. One article led HKBA, with its 105 at the Pan Sutong Shanghai-Hong Kong some of them are destined to take up charge, and that, if they were dissatisfi ed by Tsang Chi-ho, an RTHK program host, Economic Policy Research Institute, Ling- positions in the judiciary, although oth- Senior Counsel, will now with the outcome, they were entitled to said, “Beijing does not want its people to nan University. ers prefer the freedom of private practice, heed Cheung’s exhortation appeal, and who better than Dykes, who mention, discuss, and investigate the June where the pickings are greater and there comes from the UK, to provide her with 4 incident. … The ruling regime will not I can understand why by defending the judiciary these assurances. But if he, or Harris, is no retirement age. want the subject of the one-party dictator- some people are intent This year, for the fi rst time, the ceremo- abroad, whether by trum- who, at that time, belonged to Moran’s ship being brought up in a court of law.” on spreading rumors and ny was presided over by Andrew Cheung peting its virtues or slaying party, did not follow up with her in order Tonyee Chow Hang-tung, vice-chairperson Kui-nung, the new Chief Justice, who was to protect the judiciary’s overseas stand- of the Hong Kong Alliance in Support of smearing China. Their appointed on Jan 11. In his speech of wel- untruths, or both. As things ing, they must explain why. Patriotic Democratic Movements of China, stand is dictated by the come to the new silks, he said he believed stand, regrettably, the an- In January, moreover, Dominic Raab wrote an article headlined: “Candles carry they would “rise to the challenges and sought to sabotage a criminal trial in the weight of conscience; HK people ideology or they have an swer has to be, “don’t hold opportunities that this new stage of your Hong Kong. After he discovered that the insist on telling the truth.” Both articles agenda. Once bonded to professional career brings with it”, a your breath”. eminent British Queen’s Counsel, David appeared in Ming Pao. customary observation at these annual Perry, was to prosecute a trial which was What is the truth behind the beliefs, ideology, and polit- ceremonies. What, however, was novel due to begin on Feb 16, he announced on Tian’anmen “massacre”? The truth is ical interests, there can be this time was his call for Senior Counsel is under attack in foreign places. Sky News that he could not understand that there was no Tian’anmen Square no genuine desire to seek to stand up for the judiciary, whenever Until January, Harris was, of course, how Perry, in “good conscience”, could massacre. Richard Roth, a reporter for necessary. an elected o› cial of the UK Liberal agree to prosecute a case “when they CBS News, in a story published on June the truth. As Cheung pointed out, judges admin- Democrats, a political party which pur- will have to apply the national security 4, 2009, reported that “There was no ister justice in accordance with the law, sues an anti-China agenda and backs the legislation at the behest of Beijing”, even ‘Tiananmen Square massacre’.” Richard tion which apparently had come from a “without fear or favor, self-interest or attempts by the British foreign secretary, slandering him as “pretty mercenary”. Roth was in Tian’anmen Square at the US source. In an interview, Hou Dejian, deceit”. They exercise judicial power inde- Dominic Raab, to undermine Hong Unfortunately, even though Raab had time. In his words, “Dawn was just break- a singer from Taiwan at the scene of pendently, “not subject to any interfer- Kong’s legal system. It has opposed the muddled up all the facts, Perry withdrew ing. There were hundreds of troops in the Tian’anmen till 6:30 am, said on cam- ence”. If, he said, there is “repeated and National Security Law for Hong Kong, from the case, and the District Court was square. … There were some tanks and era he had never seen a single case of gratuitous questioning of the judiciary’s called for sanctions, over the electoral denied the services of a top-class prosecu- armored personnel carriers. But we saw killing by gunshots or by tanks on the independence”, based on disagreement reforms, to be imposed on both the chief tor. So did Harris, or Dykes, ever contact no bodies, injured people, ambulances or Tian’anmen Square as was reported in with court decisions, then this, “whether executive, Carrie Lam Cheng Yuet-ngor, Raab to explain that the case Perry was to medical personnel — in short, nothing to the Western media. Hou Dejian’s testi- domestic or from abroad”, damages the and the director of the Hong Kong and have prosecuted concerned an unauthor- even suggest, let alone prove, that a ‘mas- mony was even confi rmed by dissident rule of law and erodes public confi dence. Macao Aš airs O› ce, Xia Baolong, and ized march, and had nothing to do with sacre’ had recently occurred in that place.” Liu Xiaobo and protest-sympathizer Zhou As Senior Counsel know fi rsthand how sought a British boycott of the 2022 Win- national security, and that, in any event, Wei Ling Chua, a freelance journalist Duo to be accurate. Moreover, a Spanish the courts actually operate, it is incum- ter Olympics in Beijing. Although Harris, the defendants in the forthcoming trial accredited by the Australia News and Fea- crew had gone back to the scene and vid- bent on them, said Cheung, to speak up following an outcry, has now, with clear would receive a fair hearing before an ture Services and the International News eoed the peaceful evacuation of students for the judiciary “whenever the opportu- reluctance, resigned his long-standing impartial judge? If not, why not? Syndicate, wrote the book, Tiananmen around 4:45 am from the southeastern nity arises”. This was necessary not only membership of the Liberal Democrats, Since, moreover, Raab is intent on Square “Massacre”? The Power of Words corner of the square, escorted by soldiers. to protect judicial independence, but this is not a Damascene conversion, but harming Hong Kong’s legal system, Har- vs. Silent Evidence. He proclaimed that Readers can search for the series of video also to defend its “local and international an attempt to shore up his position, and ris should, like Dykes before him, be bom- “The art of media disinformation is hurt- clips under the title ‘The truth of June 4 reputation as an independent judiciary”. he has yet to show his worth. barding him with the truth about its judi- ing the world and humanity.” According that you have never heard of’ in Chinese In other words, Cheung now expects the On April 16, for example, after nine cial arrangements. Once he announced in to his fi ndings, in 1998, The Washington for downloading.” Senior Counsel, whenever they can, to defendants, including Jimmy Lai Chee- November that he plans a “review” of the Post journalist Jay Mathews confessed I can understand why some people are rebut unjust commentaries from abroad ying, Albert Ho Chun-yan and Margaret arrangement whereby British judges sit in the Columbia Journalism Review that intent on spreading rumors and smear- as well as locally, and to explain that the Ng Ngoi-yee, were convicted of involve- in the Hong Kong Court of Final Appeal, “no one died at Tiananmen Square” and ing China. Their stand is dictated by the city’s judges are in the business of deliver- ment in an unauthorized assembly on it was incumbent on them to explain to that “it is hard to fi nd a journalist who ideology or they have an agenda. Once ing justice. Aug 18, 2019, they were sentenced to Raab the vital contribution the overseas has not contributed to the misimpres- bonded to beliefs, ideology, and political Although some Senior Counsel have, terms of imprisonment of between eight judges make to the city’s jurisprudence, sion” (including himself). In 2004, The interests, there can be no genuine desire since the outrages of the protest move- and 18 months, and this upset their for- and how they help to maintain the rule Christian Science Monitor revealed that to seek the truth. If people hold a vigil for ment in 2019-20, bravely defended the eign backers. Whereas, in vile slurs on of law. Although, given his anti-China the Human Rights Watch decided not those who died in 1989, please remember judiciary from the calumnies of China’s our independent judiciary, the former mindset, Raab would, in all likelihood, to publish its own 52-page report that also to honor the soldiers who died to geopolitical rivals, many have kept their governor, Chris Patten, claimed that the have given them short shrift, they should confi rmed the Chinese side of the story. keep China whole. heads down, which is disappointing. The judge’s verdicts showed that the defen- nonetheless have gone the extra mile by Since 2009, Chua has been banned from China is doing so well on so many Hong Kong Bar Association, for example, dants were in “Beijing’s vengeful sights”, explaining things in terms simple enough accessing any of the benefi ts derived from fronts because of its political system has international links, and its leaders the US consul general, Michael Hanscom for him to understand. If, as seems likely, his accredited membership of ANFSINS and its “Serve the People” culture. China should be screaming from the rooftops Smith, weighed in to declare that it was they have not done this, shame on them, due to a report he submitted to the Mor- is considered by its people to be more about the wonderful job the judiciary is “enormously troubling to have this case but it is still not too late for Harris to act. ris Journalism Academy questioning the democratic than the United States (see doing to uphold the rule of law. After all, of people convicted of peaceful assembly”. The HKBA members, whether Senior honesty and ethics of the Western media. the 2020 Ash Center, Harvard University foreign media and law associations eager- Anybody reading this gibberish might Counsel or ordinary barristers, look to In an article published in this column report and the 2021 Democracy Percep- ly devour its criticisms of the government think that the defendants had been con- people like Harris to provide a lead, and in 2019, I criticized the Hong Kong Pro- tion Index report by Latana). I want to and the police force, so it would be nice victed by a kangaroo court on an illegiti- to defend the judiciary in foreign parts. fessional Teachers’ Union for sticking ask Mr Tsang: What is wrong with a if, as Cheung envisages, some of its ener- mate charge at Beijing’s behest. The ques- When this is not forthcoming, it is little to the “massacre” narrative about the political system based on unifi ed leader- gies could now be devoted to protecting tion, therefore, arises of whether Harris wonder if many of them do not step up Tian’anmen incident and hosting materi- ship and selecting leaders by merit? What the judiciary’s reputation from those who has jumped to the defense of the trial to the plate. In the Qing Dynasty (1644- als about June 4 that only tell one side of is wrong with Beijing defending itself wish Hong Kong ill. judge, Amanda Woodcock, who must be 1911), the emperors relied on the 40 war- the story without questioning if they are against attempts to overthrow its political Some Senior Counsel, moreover, hold greatly discomfi ted by these aspersions. riors of the Yellow Jacket to protect them telling the truth. system by hostile forces? foreign nationality, which provides them Has he, for example, contacted Patten in battle, and many people will wish to I wrote: “I have seen a video shot by In the earlier years of the Communist with an additional opening. The HKBA and Smith, or the foreign media and law know if the Harris-led HKBA, with its 105 a Spanish crew that showed peaceful Party of China’s rule, “the struggle between chairman, Paul Harris, for example, is a associations, to explain that Woodcock, Senior Counsel, will now heed Cheung’s evacuation of students from the Tianan- two paths” is one between “the capitalist British national, and he should be vigor- like all other judges, is constitution- exhortation by defending the judiciary men Square, and clips exposing the lies path” and “the socialist path”. Today, the ously getting out the message in the UK ally independent, that the defendants abroad, whether by trumpeting its virtues of student leaders like Chai Ling and fi ght is between those devoted to serving that the city’s judiciary is second to none. were convicted of holding a procession or slaying untruths, or both. As things Wu’er Kaixi. John Passmore, the reporter the people based on science and learning Although Harris, like Philip Dykes before which endangered public safety without stand, regrettably, the answer has to be, to whom was attributed a report saying and those who are hijacked by ideology him, is never happier than when rushing the necessary clearance, and that they “don’t hold your breath”. that the man who halted a line of tanks and who refuse to see the truth. out statements critical of the authorities, received a fair trial before a professional from moving forward had been executed, he needs now to become far quicker oš judge? Has he told them that, in Hong The views do not necessarily refl ect those denied he had ever written that report The views do not necessarily refl ect those the mark in backing the judiciary when it Kong, everybody is equal before the law, of China Daily. and never had access to such informa- of China Daily.