Experts: HK's rule of law has bright outlook

Hong Kong's rule of law has achieved fruitful results during the past year and is headed to a brighter future with intact judicial independence and a robust legal system, experts said on Monday as the city kicked off a new legal year.

Delivering a speech at the ceremonial opening of Legal Year 2022, Andrew Cheung Kui-nung, the chief justice of Hong Kong's Court of Final Appeal, said an independent judiciary is an essential linchpin of Hong Kong's rule of law and is constitutionally guaranteed by the Basic Law.

He said Hong Kong's judicial independence status has attracted a fair amount of attention and comments locally and overseas in the past two years.

With the eruption of social unrest over the anti-extradition bill in mid-2019, and the implementation of the National Security Law in mid-2020, Hong Kong's judiciary has had a large number of related cases to handle. So far Hong Kong courts have received over 60 national security cases, Cheung said.

He assured the public that the city's judiciary will uphold justice and fairness in handling the cases, adding that its impartiality will not be affected by the special judge appointment arrangement for national security cases.

Under the National Security Law, only judges designated by the chief executive can handle national security-related cases.

Cheung explained that during the appointment process, the opinions of the chief justice will be well respected. In addition, the designated judges will only be picked from serving judges, who have satisfied high requirements for judicial and professional qualities and must be subject to their judicial oaths.

He added that although the general power to designate judges is vested in the chief executive, the actual assignment of designated judges to hear individual cases remains the responsibility of court leaders, as in all other cases.

At the same event, Hong Kong Secretary for Justice Teresa Cheng Yeuk-wah reviewed major achievements of Hong Kong's legal work during the past year, such as improving the city's electoral system, safeguarding national security, and collaboration with the Chinese mainland and international society.

Looking ahead, the Hong Kong Special Administrative Region government will prioritize local legislation for Article 23 of the Basic Law to safeguard national security, and continue to promote the public's understanding of national security and the Basic Law, Cheng said.

She said that with the consolidation of "one country" as the fundamental premise in place and national security protected, the Department of Justice will continue to serve as the government's legal adviser and further society's understanding of the rule of law and constitutional order.

Explaining the importance of barristers in safeguarding Hong Kong's rule of law, Victor Dawes, chairman of the Hong Kong Bar Association, said the law group will further enhance training of its members, and provide assistance to the local community in law reform, legal education and general awareness of the principles of rule of law.

He said this year is quite meaningful for Hong Kong's legal sector, as it marks the 25th anniversary of Hong Kong's return to China.

Expressing confidence that the city will continue to thrive with the rule of law, he encouraged legal students and practitioners to have faith in Hong Kong's future and actively embrace challenges.

Chan Chak-ming, president of the Law Society of Hong Kong, said that during the past year, the society has been proactive in assisting legal professionals in the challenging pandemic situation.

There is immense potential for expansion of the legal market under the nation's 14th Five-Year Plan (2021-25), and the development of the Guangdong-Hong Kong-Macao Greater Bay Area and the Belt and Road Initiative, Chan said.