Published: 19:10, April 17, 2020 | Updated: 04:31, June 6, 2023
Justice chief says HK's judicial independence well protected
By Kathy Zhang

HONG KONG - Hong Kong Secretary for Justice Teresa Cheng Yeuk-wah on Friday stressed that judicial independence is well protected by the Basic Law while urging the public not to be misled by speculative reports.

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Her comments came after the publishing of a recent news report which citied three anonymous local judges for expressing their concerns about mailand's meddling with the city’s judicial affairs.

The independence of judiciary in Hong Kong, including judicial appointments, is protected by a sound mechanism under the Basic Law, Cheng said. 

Secretary for Justice Teresa Cheng reiterated that the central government is entitled to and responsible for speaking out on affairs of the HKSAR and to offer advice

According to Article 85 of the Basic Law, Hong Kong courts shall exercise judicial power independently, free from any interference.

Article 88 of the Basic Law stipulates that judges of the courts shall be appointed by the Chief Executive on the recommendation of an independent commission composed of local judges, persons from the legal profession and eminent persons from other sectors.

The mechanism and procedure of judicial removal is also stipulated in Article 89 of the Basic Law.

Cheng made it clear that judges won’t be appointed or removed for their political views.

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“The public should understand the independence of judicial system is Hong Kong’s cornerstone,” Cheng said. She appealed to people not to easily believe in misleading comments.

Cheng said she believes responsible media will do fact-checking before writing about an issue and professionals should express their opinions based on facts.

Earlier, Geoffrey Ma Tao-li, chief justice of the Court of Final Appeal of the Hong Kong Special Administrative Region, said that Hong Kong's judicial independence is guaranteed by the HKSAR Basic Law and he has not encountered any form of interference by the mainland authorities.

He said that since taking office in 2010, he has not at any time encountered or experienced any form of interference by mainland authorities on judicial independence in Hong Kong, including the appointment of judges, Ma said in the statement.

Cheng reiterated that the central government is entitled to and responsible for speaking out on affairs of the Hong Kong Special Administrative Region and to offer advice.

Though the city is authorized to exercise a high degree of autonomy in accordance with the Basic Law, it doesn’t mean the central government doesn’t care about SAR affairs or give up its rights under the “one country, two systems” principle, Cheng explained.

The Hong Kong and Macao Affairs Office of the State Council, and the Liaison Office of the Central People’s Government in the HKSAR on Monday condemned some opposition lawmakers, including Dennis Kwok Wing-hang, for failing to perform their duties in public office by adversely affecting the legislature’s operations for over six months.

kathyzhang@chinadailyhk.com