My Take | It is vital that justice is not only done but also seen to be done in Hong Kong
The system will continue to come under scrutiny as the city seeks to establish itself as an international legal centre and China’s ‘superconnector’
The reputation of Hong Kong’s legal system is of paramount importance as the city seeks to forge international ties and attract talent, tourists and investment in the Year of the Snake.
Leading lights of the profession used the ceremonial opening of the legal new year to express defiance in the face of a barrage of criticism from overseas following controversial national security cases.
The value of Hong Kong’s common law system in providing a safe and predictable environment for business and protecting individual rights was stressed. But many challenges lie ahead and, with sensitive cases ongoing, it will not be easy to shift negative perceptions.
Within days of the ceremony, two US lawmakers introduced a bill proposing sanctions on 48 of the city’s officials, including 29 judges and magistrates. They stand accused of violating human rights.
Sanctions will not help protect Hong Kong’s freedoms. They will at best prove ineffective and at worst counterproductive. They attack judges the community is depending on to defend rights.
The bill, which targets Chief Justice Andrew Cheung Kui-nung and all three permanent judges of the Court of Final Appeal, fails to recognise that the court is yet to consider the most important national security cases and has delivered progressive judgments in other areas, such as upholding the rights of same-sex couples.
There is, however, much for the legal profession to reflect on as it looks ahead. Speakers highlighted the judiciary’s work in areas ranging from money-laundering to murder, arbitration and insolvency.
