I hope Hong Kong will remain governed by rule of law: outgoing chief justice

蘋果日報 2021/01/05 14:54


Retiring Chief Justice Geoffrey Ma stressed that Hong Kong has judicial independence on Tuesday, saying he has not faced any pressure from Beijing during his term of office over the past 10 years.
While he did not object to calls for judicial reform, he said that dissatisfaction with courts’ rulings is “not a good starting point or acceptable” for such reform, adding that detailed and substantial reasons are necessary for consideration.
Noting that many believed Hong Kong has “changed a lot recently,” Ma stressed that the stance of the judiciary to maintain the rule of law has remained the same despite all the changes. “The legal system will hopefully provide stability society certainly needs.”
He also urged the public to keep their confidence in the city’s rule of law. “To me, it is not acceptable to say the rule of law in Hong Kong is ‘dead’ just because you’re not happy with the rulings of the courts.”
“I hope Hong Kong will remain a society governed by the rule of law,” he said before he ended the opening remarks during his final press conference before his retirement on Jan. 11.
The chief justice, however, dodged questions on whether Hong Kong still enshrines the principle of separation of powers. Ma said he would only look at the legal side and not the political one, but refused to comment on whether the political side of the principle has changed. The Basic Law provisions have promised judicial independence, he added.
Last year, Chief Executive Carrie Lam declared that the city’s constitutional system has no separation of powers between the executive, legislature and judiciary.
As one of the judges handpicked by Lam to handle national security cases, Ma said that taking up such a role does not indicate his stance towards the highly controversial legislation.
When asked if he has come under any pressure from Beijing during his office, Ma stressed that he has not been pressured by the governments or any individuals.
“Throughout my 10 years of as Chief Justice, I have paid particular emphasis on the need to develop a good working relationship with my counterparts in the mainland,” said Ma, who visited Beijing at least two to three times every year.
“The constitution model of ‘one country, two systems’, insofar it affects the law, shows the legal systems in Hong Kong and in the mainland are quite different. Therefore, the need to have exchanges is there.
“But as far as Hong Kong judges are concerned, the application of laws to cases is wholly dependent on Hong Kong law and specifically Hong Kong’s Basic Law,” he reiterated.
Ma said he has full confidence in his successor, Court of Final Appeal justice Andrew Cheung, who was also appointed by the city’s leader to handle national security cases.
Click here for Chinese version
---------------------------------
Apple Daily’s all-new English Edition is now available on the mobile app: bit.ly/2yMMfQE
To download the latest version,
Or search Appledaily in App Store or Google Play