Judicial Independence and Fairness: A Key Principle in Hong Kong’s Legal System

2024-01-22 10:38:52

Chief Justice Cheung Kwan-nang of the Court of Final Appeal said that judges must be able to decide cases without interference or undue pressure and explain their decisions in their judgments. When judges are only performing judicial duties but are subject to the threat of sanctions or retaliation, it is in fact inconsistent with the rule of law. Going against the grain is absolutely unacceptable.

In his speech at the opening ceremony of the legal year, Zhang Juneng mentioned that when the court makes a decision that is controversial or unpopular with some people, it is acceptable for the society to comment or criticize it, but it is not conducive to confuse the individual judge with his decision or reasoning. The success of the common law system. It is also unhelpful to the stability of the common law system to equate individual court decisions with those of the judiciary.

Zhang Juneng also mentioned that the judiciary attaches great importance to the responsibility of preventing, stopping and punishing behaviors or activities that endanger national security in accordance with the law, but this does not mean that the court will blindly convict all defendants or impose the maximum penalty after conviction. He also stressed that the court would not succumb to any pressure to make a verdict of guilty or not guilty, nor would it pay attention to any form of harassment or threats.

Cheung Chu-neng believes that in the past few years, the work of the judiciary has often been viewed through the prism of the National Security Law. Looking at the judicial work, and even the current situation of Hong Kong’s rule of law and judicial independence, from this perspective will inevitably lead to a very narrow and even inaccurate view. , he emphasized that the courts and judges will administer justice fairly and effectively in a fearless, selfless and non-bullying spirit.

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