HKSAR's judiciary stands firm against intimidation, defends rule of law

Top judicial and legal officials of China's Hong Kong Special Administrative Region (HKSAR) have recently reaffirmed their unwavering commitment to the rule of law, emphasizing that judges and judicial officers remain undaunted in the face of external pressures, threats and unlawful sanctions.

Andrew Cheung, chief justice of the Court of Final Appeal of the HKSAR, stressed that assessments of criminal cases, including the one involving Jimmy Lai and his companies, must be grounded solely in the principles of the rule of law.

Addressing calls heard from time to time to halt legal proceedings or to prematurely release defendants on the basis of factors such as occupation, background or political considerations, Cheung emphasized that such demands not only circumvent established legal procedures designed to ensure accountability under the law, but also strike at the very heart of the rule of law.

A foundational tenet of the rule of law, he noted, is that no one is above the law, regardless of status, occupation, office, political affiliation, personal belief or conviction, popularity, wealth, connections, or any other characteristic, he pointed out.

"The law applies equally to all, without fear or favor, and those genuinely committed to the rule of law must allow the courts to perform their duties according to established legal processes and without interference," said Cheung.

He strongly condemned the threats of sanctions against Hong Kong judges, stressing their inherent contradiction with the rule of law. He stated that, however such threats are framed, they are in substance attempts to interfere with judicial independence by means fundamentally at odds with the rule of law.

Intimidation and threats, he said, are no different from bribery and corruption – two sides of the same coin – both serving as means of subverting justice, with absolutely no place in a civilized society governed by the rule of law.

These sentiments were echoed by Secretary for Justice Paul Lam of the HKSAR government. Responding to incidents of intimidation against judges, Lam noted that the judiciary has, on various occasions, reaffirmed that all judges and judicial officers exercise judicial power independently. "They will continue to abide by the Judicial Oath and firmly discharge their duty in the administration of justice without any interference, and there is absolutely no reason whatsoever to doubt the veracity of these statements."

Lam also underscored that while freedom of expression and freedom of the press generally permit comments and discussions on ongoing cases, such freedoms do not extend to making unfounded accusations against the integrity of Hong Kong's judiciary.

On the broader question of the city's development and security, Lam stressed that there is no conflict between safeguarding national security and ensuring Hong Kong remains an open, free, and diversified international city.

Maintaining national security as defined under the law, he said, provides the indispensable precondition for development to take place in a safe, stable and peaceful environment.

Both officials underscored that Hong Kong's rule of law, rooted in the common law system and protected by the Basic Law, remains robust and resilient. Despite external pressures, the HKSAR's judiciary will continue to administer justice impartially, uphold the rule of law, and safeguard the city's prosperity and stability.