Judges don’t need to be patriots, says former top judge Andrew Li

Former top judge Andrew Li Kwok-nang has expressed reservations about the view expressed in Beijing's recent white paper on the "one country, two systems" formula that Hong Kong judges have a "basic political requirement" to love the country.

In a commentary published in the today, Li said public concerns raised over Hong Kong's judicial independence, following the issue of the State Council document on June 10, were justified.

"What is of great concern is the requirement in the white paper that judges should be patriotic," he wrote.

In Hong Kong, Li said, patriotism had been widely perceived as being "supportive of and cooperating with" the Beijing and Hong Kong governments, and protecting their interests.

"But under the principle of judicial independence, judges should not be pro or anti anyone or anything," he wrote. Judges were expected to be fair, impartial and faithful only to the law.

It is the first time the retired chief justice has aired his opinions in public on the white paper, which asserted Beijing's "comprehensive jurisdiction" over the city.

Controversially, the document declared that judges were "administrators" and as such had a basic political requirement to love the country.