The top judge of Hong Kong issued a rare statement on Wednesday to remind the public that any criticism of judges and court decisions must be informed, solidly based and properly made, otherwise it would be detrimental to public confidence in the administration of justice and, ultimately, to the rule of law in the city.

Geoffrey Ma, the chief justice of the Court of Final Appeal, also emphasized some principles that people must bear in mind, particularly in criminal cases, when commenting on the judiciary’s work.

Notable among the principles were the requirement of a fair trial, the presumption of innocence, the need for the prosecution to prove that an accused committed a crime beyond reasonable doubt before there could be a conviction, and the right to an appeal.

“These principles all originate from the Basic Law which guarantees the exercise of independent judicial power,” Ma said.

“The Basic Law states in express terms that judicial power is to be exercised independently, free from any interference.”

Hong Kong’s judicial independence has come under renewed debate in recent weeks, after claims by both the Communist Party and the local government that the city does not exercise separation of powers between the executive, the legislature and the judiciary. The pro-Beijing camp, including media outlets, has also rounded on magistrates for supposedly being too lenient with young protesters.

Ma explained to the public that the constitutional duty of judges was “strictly to apply the law and nothing else.”

He continued: “Judges must therefore not be influenced by political considerations of whatever nature. In other words, there must be no bias, whether actual or perceived, on the part of the courts in the determination or handling of cases.”

Judges must be impartial, he said, and when they were not, a number of channels were available: redress by way of an appeal or review, an application for recusal filed by the accused or the prosecution, and the established complaints mechanism of the judiciary.

Ma also singled out the topics of bail, sentencing, and appeals and reviews, which had attracted comment and criticism. He said it was important that such comments were informed and understood in the proper context.

“In this respect, the role and responsibilities of the Secretary for Justice (as representing the public interest in the prosecution of crimes) must also be properly understood,” he wrote.

Full version of the statement by Chief Justice Geoffrey Ma

Click here for Chinese version

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