Advertisement

Opinion | 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

Reading Time:3 minutes
Why you can trust SCMP
A statue of Lady Justice sits on top of the Court of Final Appeal in Central district. Hong Kong’s rule of law has been eroding since the handover, and now we might be looking at the end of it. Photo: EPA-EFE
District Judge Kwok Wai-kin’s sentencing remarks in a stabbing case that took place in Tseung Kwan O last August have raised concerns about judicial independence in Hong Kong.
Advertisement
Likening the anti-government protests to the Cultural Revolution and black-clad protesters to a “terrorist army”, Kwok expressed sympathy with a tour guide he jailed for 45 months for stabbing three people at a Lennon Wall.
Kwok said the defendant was himself a “bloodstained victim” of the protests who had made an “involuntary sacrifice” amid the social unrest. The judge has since been barred from handling cases relating to the demonstrations. 

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.

Advertisement
Advertisement