Grenville Cross

Opinion | Heed the chief justice’s words to ease fears over Hong Kong’s judiciary

Accusations of bias among judges have arisen amid protest-related cases, but there are mechanisms in place to handle complaints and no reason to assume bad faith

If people listen to the chief justice and keep politics out of the courtroom, concerns about the independence of Hong Kong’s judiciary will diminish

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Why you can trust SCMP

Grenville Cross

Published: 6:45am, 7 Oct 2020Updated: 7:23am, 7 Oct 2020

It is never easy being a chief justice, and some people are always unhappy with the decisions of the courts. The crescendo rises in turbulent times, with accusations of bias proliferating, often because of particular sentences.

The judiciary is fortunate, however, to have somebody in Chief Justice Geoffrey Ma Tao-li who is experienced and knows how to handle criticism. Although Ma has faced calls for judicial reform, he has himself always been a reformer.

For example, after Ma commissioned a review, the Judicial Studies Board was established in 2013 with a full-time staff. While Ma chairs its governing body and its daily operations are supervised by Mr Justice Poon Siu-tung, its role is to enhance judicial skills and knowledge by developing continuing education for judges and magistrates.

Apart from identifying specific training needs at each court level, organising seminars and visits and promoting judicial wellness, it provides useful research support for judicial officers. By all accounts, it has had a real impact on judicial effectiveness.

In 2016, Ma established the Secretariat for Complaints against Judicial Conduct, which enables people to pursue complaints. He went one step further in July and authorised the secretariat, in the interests of transparency, to publish online the gist of the complaints received and the responses of the judiciary.

As protest-related prosecutions are adjudicated, several magistrates have been accused of bias, whether by granting bail to flight risks, acquitting in the face of evidence or imposing lenient sentences. Although mistakes have been made, they do not indicate bad faith, and Secretary for Justice Teresa Cheng Yeuk-wah can ask the Court of Appeal to correct them.