As Hong Kong’s rule of law is eroded, voters have one last chance to turn the tide
- A judge’s sentencing remarks in a Lennon Wall stabbing case have disturbing implications for Hong Kong’s rule of law
- While the Court of Final Appeal has maintained its independence, it is not enough. In September, voters must help elect more pan-democrats to the legislature
The sentencing was seen by some as disproportionate to the seriousness of the case, and might have only a limited deterrent effect on similar offences. By taking a political stance in his judgment, the judge has violated the spirit of the rule of law, and caused an uproar in society. However, this is just the tip of the iceberg.
In the past few years, there have been similar rulings in the lower courts. Political inclinations and social values appear to be creeping into the courts. The rule of law has been eroding since the handover, and now we might be looking at the end of it.
First and foremost, there is a fundamental deficiency in Hong Kong’s rule of law. Hong Kong’s Basic Law was enacted under the constitution of the People’s Republic of China, yet the two judicial systems are completely different and incompatible.
Furthermore, the Basic Law contains a caveat: the National People’s Congress has the power of final interpretation over Hong Kong’s courts.
In the early years after the handover, the central government kept its promise not to interfere in Hong Kong’s affairs.
Such acts disrespect the judicial procedures of Hong Kong. It now seems that “one country, two systems” and judicial independence endure largely in name only.
Although the Court of Final Appeal has maintained its independence, it is not enough. However powerful, one single court cannot defend the entire legal system.
In addition, the suppression of the opposition during the anti-extradition protests is surely proof that the Hong Kong police have become a political tool. The Department of Justice appears to be more interested in defending the government’s interests than in justice per se.
To turn the situation around, Hongkongers must get out, vote in September’s Legco election and help the pan-democrats take 35 seats or more. This could be the last fight for Hong Kong.
Albert Cheng King-hon is a political commentator
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