“Judges have a responsibility under the Basic Law, owed to the community, to exercise independent judicial power by adjudicating on cases fairly and impartially, without fear or favour,” Ma said in a statement.
Hong Kong has long prized its independent judiciary and rule of law, characteristics which set the city apart from mainland China, where courts are subject to the whims of the ruling Communist Party, and some 99% of cases end in a guilty verdict.
“We must defend the city’s rule of law, but we must also safeguard the national constitutional order,” Zhang said, adding that many “problems” had been exposed in the city’s de facto constitution that needed to be addressed.
Speaking during her annual policy address on Wednesday, Hong Kong’s Chief Executive Carrie Lam said the national security law was already having the desired effect.
The law had been “remarkably effective in restoring stability in Hong Kong,” she said, and had brought an end to protests.
Lam added that the city’s Department of Justice “will continue to showcase that Hong Kong remains a neutral and effective international legal hub”, but also announced a new bill that will allow local courts to “deal” with lawmakers who might break the oath-taking process when being sworn in as legislators.
The national security law has already greatly altered the judicial system, creating specialized courts for hearing sensitive cases and allowing for some defendants to be transferred to the mainland for trial.
Many distinguished foreign jurists sit on the CFA as non-permanent judges, bringing both legal expertise and a sheen of independence to the court, long seen as the final bulwark against pressure from Beijing.
“Hong Kong’s independent judiciary is a cornerstone of its economic success and way of life,” Raab wrote. “The National Security Law provides that Hong Kong’s Chief Executive, rather than the Chief Justice, will appoint judges to hear national security cases. In addition to the provisions in the National Security Law that allow the mainland authorities to take jurisdiction over certain cases without any independent oversight, and to try those cases in the Chinese courts, this move clearly risks undermining the independence of Hong Kong’s judiciary.”
He added that London will “monitor the use of this requirement closely, including its implications for the role of UK judges in the Hong Kong justice system.”
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