An unprecedented arrangement allowing Hong Kong’s chief executive to designate judges for national security cases may harm judicial independence, the Law Society has said, at the same time querying the possibility of a fair trial for cases to be heard in mainland China.

The society, which is the governing body for solicitors in Hong Kong, on Wednesday again commented on an upcoming national security law after speaking up about the issue on June 11.

It voiced concern that the law would give the chief executive the power to oversee and interfere with the judiciary through her role of appointing judges.

“That (or the perception arising therefrom) prejudices judicial independence,” it said in a statement issued on Wednesday. “Judicial independence is a cornerstone of our justice system within a common law jurisdiction, and cannot be compromised.”

The society said it strongly believed that judges should be designated only upon the recommendations of the Judicial Officers Recommendation Commission and in line with requirements specified under the Basic Law.

The body also expressed concerns about cases relating to national security in Hong Kong that could be sent to mainland China for trial under the law.

“Queries are raised as to whether fundamental human rights including the right to a fair trial can be effectively safeguarded,” it said. “A clarification in this regard is urgently needed.”

The society called on China’s top legislature to conduct a consultation with all stakeholders to strengthen confidence in the transparency of the legislative process.

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