當年今日
關於我們

Hong Kong leader’s authority to select judges for national security cases sets worrying precedent: bar association

蘋果日報 2020/06/22 07:15


Beijing’s proposal to give Hong Kong’s leader power to assign judges for national security cases is just one of the worrying developments that would deal an unprecedented blow to the city’s judicial independence, said a legal expert.

Anita Yip, vice chairperson of the Hong Kong Bar Association, made the warning on Sunday at a public forum debating the impacts of the law, which Beijing plans to impose on the semi-autonomous city.

The legislation has prompted many to worry over the possible infringements of civil liberties guaranteed under the “one country, two systems” framework that has governed Hong Kong since the city’s handover from Britain to China in 1997.

While the full text of the draft has yet to be revealed, an explanation of the draft law issued by the state-run Xinhua News Agency on Saturday has shed some light on what can be expected.

Referring to the published details, Yip said that the chief executive’s newly sanctioned authority to select judges for national security cases was “unheard of,” adding that it essentially meant the chief executive, who sits on the prosecution side, would be the one to pick the judge to try the case. Currently, the chief executive has the power to appoint judges but not to assign them to individual court cases.

Another concerning aspect, according to Yip, is that the wording for the offences targeted by the national security law — acts and activities of secession, subversion of state power, terrorism and collusion with foreign forces — are broad and open to interpretation. What many would now consider falling under the realms of commercial disputes or academic discussions could be treated as matters related to national security in the future and be tried in a court presided by a judge appointed by the chief executive, Yip said.

Speaking at the same forum, Thomas So, a pro-government lawyer who is also a member of a national political consultative body to Beijing, dismissed Yip’s claim that the city’s judicial independence was under threat. He said the chief executive had long been appointing the city’s judges and that the central government should have a say via the chief executive when national security is concerned, given the importance and sensitivities of such matters.

Asked if there was a possibility in the future that Hong Kongers or foreigners in the city would be sent to the mainland to face trials, So said there was no certainty on this matter yet.

-----------------------------
Apple Daily’s all-new English Edition is now available on the mobile app
To know more: https://bit.ly/2yMMfQE
Apple Daily mobile app latest version DOWNLOAD NOW