Hong Kong’s former chief justice Andrew Li Kwok-nang expressed on Tuesday his serious concerns over the new national security legislation Beijing is imposing on Hong Kong, warning it a threat to the independence of the city’s judiciary.

In a statement published in South China Morning Post and Ming Pao Daily, Li drew particular attention to the Chief Executive’s designation of judges for national security cases and the possible extradition of criminal cases that jeopardize national security to mainland China.

Li considered the entitlement of the Chief Executive to select the judges for national security cases “detrimental to the independence of the judiciary,” given the city’s chief would not have the required knowledge of the experience and expertise of judges to make such selection.

In addition, the chief executive’s chairpersonship of the National Security Commission to be established in Hong Kong would further render him or her inappropriate for making the sole decision.

Under the Basic Law, the chief executive appoints the judges based on the recommendation of the independent Judicial Officers Recommendation Commission. Judges are chosen on the basis of their professional qualities and are supposed to exercise their judicial power independently free from any interference.

The former chief justice was also alarmed by the central authorities’ power to exercise jurisdiction over a small number of criminal cases that jeopardize national security.

These cases would be dealt with and tried in mainland China, meaning the defendant would not enjoy the safeguards of Hong Kong’s judicial process. Li warned it would undermine the independent judicial power which the courts in Hong Kong are authorized to exercise under the Basic Law.

Chief executive Carrie Lam tried to ease worries over the city’s judiciary independence on Tuesday, after Chinese state media unveiled last Saturday details of a draft law that gives Beijing unprecedented powers to control Hong Kong.

Speaking at the weekly press briefing, Lam said under the new security law, she will not hand-pick judges for national security cases but will consult the chief justice before naming any designations.

She also dismissed the allegation that foreign judges would be barred from handling such cases.

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