Retiring Court of Final Appeal judge Kemal Bokhary warns of legal turmoil

Clouds heralding a "storm of unprecedented ferocity" are gathering over the rule of law in Hong Kong, a retiring judge of the top court said yesterday.

Mr Justice Kemal Bokhary said "talk about reinterpreting a decision of the courts of long standing" was one specific element of the storm - "and the atmosphere created by the mere fact that this call is being made will constitute the rest of it".

Bokhary was understood to be referring to calls for a reinterpretation of a 2001 Court of Final Appeal ruling which conferred automatic residency on babies born to mainland parents in Hong Kong.

He also disagreed with Basic Law Committee vice-chairwoman Elsie Leung Oi-sie's contention that the top court had made mistakes in the past.

"I think the storm clouds come from anybody, whether he or she may be one who doesn't appreciate the 'one country, two systems principle'," Bokhary said. The "one country, two systems" formula was designed to emphasise that "despite the fact that it's one country, it is two systems", he said.

Leung, the former secretary for justice, said earlier this month that the legal profession in Hong Kong, including judges, lacked an understanding of the relationship between Hong Kong and Beijing. She said this had given rise to mistakes in previous rulings in which the top court, in her view, had superseded the central government's power.