Rule of law in Hong Kong needs independent-minded judiciary to survive

Judiciary has been through challenging times, including National People’s Congress interpretations and abuse aimed at magistrates, judges and prosecutors

Reading Time:4 minutes

Secretary for Justice Rimsky Yuen (left) and Chief Justice Geoffrey Ma attend the 2017 opening of the legal year. Photo: Sam Tsang

Published: 10:17am, 27 Jun 2017Updated: 10:17am, 27 Jun 2017

Imagine Hong Kong without the rule of law, where the rich and powerful can act with impunity, judges serve political aims rather than the law, and the government is free from legal restraint. Rights and freedoms would be trampled on and business could not be done with confidence. No wonder the rule of law has long been recognised as our greatest asset.

As we mark the 20th anniversary of the return to China, which has a very different legal system, there are fresh anxieties. The fallout from the Occupy pro-democracy protests of 2014, Beijing’s crackdown on independence advocates and abusive attacks on judges have all raised concerns.

The disappearance of five Hong Kong booksellers in 2015 and their reappearance in mainland Chinese custody shocked the community and underlined the importance of Hong Kong’s separate legal system.

The global rule of law: How Hong Kong ranks against China and the world

Worries about the rule of law are not new. Soon after the handover, there were concerns about a failure to honour the principle of everyone being equal before the law. Newspaper tycoon Sally Aw Sian was not prosecuted in 1998, despite being named as a co-conspirator in charges brought against others. The decision not to put her on trial was justified partly on the grounds of insufficient evidence but also, controversially, on the basis that this would not be in the public interest as her company might collapse.

Former chief secretary Rafael Hui is escorted through a yard at Stanley Prison. Photo: Handout

However, fears that the powerful would be able to escape justice have been largely dispelled by more recent cases. Former chief secretary Rafael Hui Si-yan was jailed for 7 1/ 2 years in 2014 for accepting HK$19.7 million in bribes and misconduct in public office.