Chinese-only judges in top court would hurt Hong Kong

The call from a legal expert to appoint only Chinese judges to Hong Kong's Court of Final Appeal is alarmist and misguided. Such a move would only erode investors' confidence in the city.

Mainland scholar Cheng Jie, a former researcher for the Basic Law Committee, told a seminar this month that the Court of Final Appeal should be made up only of Chinese nationals. She said this would reflect the principle of Hong Kong people ruling Hong Kong. Alan Hoo, chairman of the Basic Law Institute, said she raised a valid concern.

Their remarks were made on the heels of former Secretary for Justice Elsie Leung Oi-sie's criticism of Hong Kong judges for failing to understand the relationship between Hong Kong and the Beijing government.

The city's top judge, Chief Justice Geoffrey Ma Tao-li, said last week that it was natural for Hongkongers to speculate about Leung's recent criticism of the judiciary. While speaking to a small group at Oxford University's Harris Manchester College, Ma said Leung had every right to voice her opinion, and Hong Kong's higher courts were subject to criticism like any other body. But her background and close ties to Beijing could lead people to believe she was voicing the views of certain interests in Beijing, he said.

Although the views of Leung and the two other legal experts were noble and informed, most people in this city, I believe, would beg to differ. Hong Kong's prosperity hinges on whether it can continue to be an international city. Foreign investors and businessmen would lose confidence if local top judges were influenced by politics in Beijing. Hong Kong's seven million inhabitants would become China's burden if the city lost its competitive edge.

We must be appreciative that Beijing has tried very hard to maintain Hong Kong's economic growth by sending us thousands of tourists and investments worth millions of dollars. But Beijing has never hinted that there's something wrong with our legal system.