Hong Kong’s judges must remain above the fray, as should Chinese leaders with their comments on our judiciary

Cliff Buddle says it’s important that Hong Kong’s judiciary is not just independent, but is also seen to be so, and state leaders should be careful not to give the impression of applying pressure on judges

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Cliff Buddle

Published: 4:26pm, 24 May 2016Updated: 4:26pm, 24 May 2016

Over time, there is a danger that repeated controversies undermine public confidence in our legal system.

Whenever central government officials comment on Hong Kong’s judiciary, they court controversy. State leader Zhang Dejiang’s (張德江) remarks about the rule of law during his brief visit to the city last week were no exception.

The speeches he made in Hong Kong were generally well received and moderate in tone. Zhang, chairman of the National People’s Congress, did not shy away from sensitive topics and stressed the importance of adhering to the “one country, two systems” concept. He made a point of distinguishing between localism and calls for Hong Kong independence, stating that the city’s “compatriots should be respected for cherishing their characteristic way of life and values”.

Zhang Dejiang: ‘One country, two systems’ is here to stay

NPC chairman Zhang Dejiang, accompanied by Chief Executive Leung Chun-ying, waves as he prepares to leave Hong Kong. Photo: K. Y. Cheng

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The importance Zhang attached to maintaining Hong Kong’s separate system is welcome, amid growing concerns about an erosion of the city’s autonomous powers and separate identity.

But his comments about the judiciary were not so well received. Zhang, the first state leader to visit Hong Kong since the Occupy protests of 2014, described the rule of law as being one of the city’s core values. No one would argue with that.

However, he went on to say: “Everyone is equal before the law, no one can act above the law, and no offenders can evade legal sanctions for any reason. We hope that the SAR government and the judiciary will effectively fulfil the sacred duty of maintaining the rule of law while strictly enforcing laws and ensuring fair administration of justice.”

Zhang added: “We must not make concessions to law-violating behaviour. Society as a whole should also severely condemn such behaviour, which clearly touches on the bottom line of the rule of law.” He did not elaborate further.