Published: 14:10, June 23, 2020 | Updated: 23:55, June 5, 2023
National security law 'respects HK judicial independence'
By He Shusi

HONG KONG – Chief Executive Carrie Lam Cheng Yuet-ngor on Tuesday stressed that the proposed national security law  won't impair the special administrative region's judicial independence and high degree of autonomy.

Talking to the media before the weekly Executive Council meeting, she said the draft law has not conferred on her the power to appoint a specific judge for any particular case of national security issue. It will be up to the judiciary to decide, as always, Lam said.

According to the draft law, the chief executive was endowed with choosing a group of judges to adjudicate on national security cases.

The draft national security law for Hong Kong makes no mention of the issue of the judges' nationalities. I believe it embodies the central government's high degree of respect and trust in the city's judicial system.

Carrie Lam Cheng Yuet-ngor, Hong Kong chief executive

There are many foreign judges in the city's judiciary and there are no particular restrictions on the judges from being designated by the chief executive to adjudicate on national security cases in the future, said the Hong Kong leader.

ALSO READ: Justice chief: Security law will not affect HK's legal system

In many countries, foreign judges may not be allowed to sit on the bench, let alone dealing with national security-related cases, she said.

"The draft national security law for Hong Kong makes no mention of the issue of the judges' nationalities. I believe it embodies the central government's high degree of respect and trust in the city's judicial system."

Lam refuted the suggestion that the practice of the chief executive choosing judges will interfere with Hong Kong's judicial independence as the CE is the head of the administrative organ. She said the chief executive is not just the leader of the administrative body, but also the head of the SAR.

It's a common practice to designate a group of judges over certain types of cases not just in Hong Kong but in many other places around the globe, she pointed out. This doesn't impair the SAR's judicial independence, she said, criticizing those opposing the idea for being ignorant.

Lam stressed that each judge of the SAR is appointed on the basis of their judicial and professional qualities, and she has full trust and confidence in each one of them should they be appointed to adjudicate national security cases.

She also reiterated that the proposed national security legislation doesn't violate "one country, two systems" principle or the Basic Law.

READ MORE: CE: National security legislation crucial to stability, order in HK

It is to improve relevant system and mechanisms to better safeguard "one country" under the "one country, two systems" principle, Lam stressed. If "one country" is undermined by people who try to endanger national security, the foundation of "two systems" will also be shaken, she added.

Those who still think the legislation is undermining "one country, two systems" are people who never truly accept and respect the concept of "one country", Lam said.