Liberal judge Bokhary stands by his dissenting views
Bokhary insists reinterpretation of the right of abode was 'most unfortunate' for the rule of law
One of Hong Kong's best-known judges, who believes he was obliged to accept retirement because of his liberal views, yesterday again warned of the threat to the city's rule of law if judicial decisions were overturned outside the courts.
Mr Justice Kemal Bokhary, a former permanent judge of the Court of Final Appeal, warned of threats to the judiciary's independence, when he retired in October, and yesterday confirmed that he was referring to comments made by former secretary for justice Elsie Leung Oi-sie.
When he spoke publicly of "storm clouds of unprecedented ferocity" gathering over the courts, Bokhary yesterday told the in written reply to questions that he had Leung's comments in mind.
Leung, vice-chairwoman of the Basic Law Committee, has also criticised the legal profession, including judges, for failing to understand the cross-border relationship with the mainland which she said had led the top court to err in past rulings. She did not specify any cases in her criticism.
Bokhary, who is known for his liberal stance, also referred to the Court of Final Appeal's landmark right-to-abode judgment in 1999 that was reinterpreted by Beijing.
That year, the top court ruled that people born on the mainland to a permanent Hong Kong resident qualified for the right of abode. But the National People's Congress overturned key parts of that ruling in a reinterpretation of the Basic Law sought by the Hong Kong government.
