Andrew Cheung Kui-nung, Chief Justice of the Court of Final Appeal, meets with members of the media at the Court of Final Appeal on Jan 24, 2022. (CALVIN NG / CHINA DAILY)

Hong Kong’s Chief Justice of the Court of Final Appeal on Monday stressed that the city’s judicial independence remains intact and is guaranteed by a robust legal system.

In his speech at the ceremonial opening of the Legal Year 2022, Andrew Cheung Kui-nung noted that Hong Kong’s judicial independence status has attracted a fair amount of attention and comments, both locally and from overseas, over the past two years. 

In his speech at the ceremonial opening of the Legal Year 2022, Chief Justice Andrew Cheung Kui-nung noted that Hong Kong’s judicial independence status has attracted a fair amount of attention and comments, both locally and from overseas, over the past two years

He underlined that an independent judiciary is an essential lynchpin of the rule of law in Hong Kong and the city’s judicial independence is constitutionally guaranteed by the Basic Law.

Cheung also gave assurances that the city’s judicial independence will not be affected by the appointment of special judges to preside over national security cases.

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Under the National Security Law, effective from June 30, 2020, only judges designated by the Chief Executive can preside over national security-related cases.

He explained that during the appointment process, the opinions of the chief justice will be well respected. In addition, designated judges will only be picked from among serving judges and must meet the high judicial and professional standards required, and are subject to the judicial oaths they have taken.

He added that while the general power to designate judges is vested in the chief executive, the assignment of designated judges to hear individual cases remains the responsibility of the court leaders, as with all other types of cases.

Cheung said he welcomed healthy attention and constructive comments on Hong Kong’s judicial independence, but stressed that biased and irrational comments are of no value to the advancement of the city’s rule of law.

He also noted that in recent months, attempts to intimidate or exert improper pressure on judges involved in cases arising from the protest violence in 2019 or national security cases are on the rise.

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Condemning these moves, Cheung said such attempts are “completely futile and pointless”. He added that the courts have stepped up security measures to ensure the safety of users and the solemnity of judicial proceedings.