Ronny Tong

Opinion | Rejection of Jimmy Lai’s appeal no breach of Hong Kong rule of law

Those who pander to a particular political audience in accusing Hong Kong of giving up on the rule of law are, after all, only politicians

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Former media tycoon Jimmy Lai Chee-ying and six former pro-democracy lawmakers have failed in their appeal in the Court of Final Appeal, seen here on June 24, against their conviction for taking part in an unauthorised 2019 Victoria Park assembly. Photo: Dickson Lee

Ronny Tong

Published: 9:30am, 20 Aug 2024Updated: 10:14am, 20 Aug 2024

Is the rule of law in Hong Kong at stake? That is the question many, especially critics, are asking these days.

With the recent departure of three foreign judges from the Court of Final Appeal, namely, Canada’s Beverley McLachlin and Britain’s Lawrence Collins and Jonathan Sumption – who left with much fanfare – all eyes were on David Neuberger, the British judge still sitting in Hong Kong’s highest court, in former media tycoon Jimmy Lai Chee-ying’s controversial case.

With the court’s dismissal of his appeal, critics such as former governor Chris Patten cried foul and called again on Neuberger and other foreign judges to resign so as not to legitimise the regime.

A London-based NGO accused Hong Kong of “systematically abandoning all pretence of the rule of law with each unjust decision such as this, made worse by the imprimatur of foreign justices like Lord Neuberger”.

Such rhetoric seems to suggest all decisions in conflict with individual rights are a breach of the rule of law. Nothing is further from the truth.

What is the rule of law? Many agree it comprises elements including the sanctity, predictability, equality and consistency of the law. Some feel the protection of individual rights and democracy are also important elements, while others argue that where these concepts are at odds with the rule of law, the latter must prevail.