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Hong Kong courts independent despite Beijing’s power to interpret Basic Law, top judge Kemal Bokhary says

  • Liberal justice says judges will always decide cases according to the law and in an open manner
  • Vocal critic of ‘democratic deficit’ also urges public not to give way to despair over stalling of electoral reform

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Justice Kemal Bokhary speaks at the launch of his book, ‘Habeaus Crocodylus’. Photo: Xiaomei Chen

Beijing’s interpretation of the city’s mini-constitution might affect the judicial autonomy of local courts, but Hong Kong judges would always independently apply the law, top judge Kemal Bokhary said on Wednesday.

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As for the topic of democratic reform, the liberal justice, who sits on the Court of Final Appeal as a non-permanent judge, urged the public not to give way to despair, despite he himself not being certain about the prospect of restarting the process.

Speaking after a book launch on Wednesday, Bokhary said Beijing’s power to interpret the Basic Law was a problem for the “one country, two systems” principle, under which China governs Hong Kong. He called this power a “work in progress”, hinting that the exercise of that authority needed to be better clarified.

But he offered the public his assurance when asked about the perceived pressure from the central government on local courts.

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“The very fact that there’s an interpretation [from Beijing] shows you that the court is independent,” Bokhary said.

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