Hong Kong’s Chief Justice Andrew Cheung Kui-nung has recently concluded a four-day trip to Beijing at the invitation of the Supreme People’s Court (SPC), the first of its kind since the National People’s Congress Standing Committee (NPCSC) promulgated the national security law without any prior consultation with stakeholders. Incidentally, the trip was also Cheung’s first courtesy visit to the nation’s capital in the capacity of the Chief Justice of the Court of Final Appeal after he assumed the office early this year, amid growing concerns over Beijing’s tightened grip on the city’s judicial system.

While in Beijing, Cheung--accompanied by two other common law justices and a judiciary administrator from Hong Kong--met with a number of high-ranking mainland officials including SPC President Zhou Qiang, NPCSC Secretary-General Yang Zhenwu and Justice Minister Tang Yijun. Zhou, infamous for his assertion that Tiananmen Square dissident Li Wangyang committed suicide by hanging himself with his feet grounded, introduced to Cheung’s delegation the achievements of the People’s courts in undergoing judicial reform and in studying Xi Jinping’s Thought on the rule of law. The Thought’s ‘rich connotation’ was again elaborated to Cheung and his colleagues by Yang, who also urged them and all Hong Kong judges to implement the “patriots governing Hong Kong” policy through developing a deeper and more accurate understanding on the significance of the Basic Law, the national security law and all relevant NPCSC resolutions. Tang briefed the delegation on major progresses achieved by China through its comprehensive implementation of law-based governance, followed by reiterating once again the importance of Xi Jinping’s Thought on the rule of law as a means to uphold the Party’s leadership.

Important messages must be said three times in a row, as the colloquial saying goes. Tellingly, hardly anyone on the delegation would have missed the key take-home message put forward rather prominently by the host in Beijing. In fact, the sheer amount of political rhetoric bombarded at the delegation was just overwhelming. Cheung, along with his colleagues in Hong Kong, must have much to reflect upon and sort out over the next few weeks.

Under China’s judicial system, the SPC serves as the nation’s highest trial organ supervising the work of the local and special courts at every level while the NPCSC has the ultimate power to appoint and dismiss a SPC President. As to the Ministry of Justice, it is charged with the responsibilities of handling all legal affairs, which include drafting regulations related to Hong Kong as well as entrusting Hong Kong lawyers and notaries. Unlike the judicial system in Hong Kong, the mainland one is known to be heavily influenced by the executive branch and the local governments. What’s more, Chinese judges are expected to adhere wholeheartedly to the Communist Party’s leadership. Also, Party cells set up throughout the mainland judicial system are being employed as an additional means to exert influence on court decisions. For those reasons, the socialistic ‘rule of law’ with Chinese characteristics comes nothing close to its authentic Western counterpart in which judicial independence is solemnly upheld.

Accordingly, Cheung’s trip to Beijing bears profound political significance for it offers a glimpse into what could possibly happen to Hong Kong’s judicial system in the near future. The meticulously planned itinerary of the delegation is meant to not only promote mutual exchanges and cooperation among judicial authorities from the two fundamentally different jurisdictions, but also mark the beginning of a dark era when Hong Kong judges, like their mainland counterparts, are compelled to adopt Xi’s ‘rule of law’ when adjudicating disputes in court.

(Dr Jack Kwan is a MIT-trained consultant based in Boston.)

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