EXCLUSIVE The former Hong Kong chief judge says defending the rule of law is not political

HONG KONG, Aug 25 (Reuters) – Hong Kong’s chief justice urged prosecutors to continue speaking out for the rule of law, saying it was a public and not a political duty, as lawyers chose a advice to govern their profession overshadowed by a national security law imposed by China.

Former Chief Justice Geoffrey Ma made statements to several hundred members of the Law Society on Tuesday and later provided Reuters with a transcript of the speech in response to questions.

Hong Kong judges symbolize one of the fundamental promises of the return of the city from the British government to the Chinese in 1997 along with the continuity of freedoms: the right to a fair trial and equality according to the law, all administered by a judiciary independent.

Senior government officials, led by chief executive Carrie Lam, and pro-Beijing media had warned society not to become “political”, accusing some candidates of bias. Read more

Ma told society that the “duties” of lawyers were before justice and its administration.

“The main duty in the public interest is to support the rule of law … The rule of law is not a political concept,” said Ma, who retired in January after 10 years as a judge in no and almost 20 years as a judge. “It’s a concept that has, as a foundation, the law itself and its spirit.”

The rule of law included the independence of the judiciary, another facet that “was not a political concept,” Ma said.

This meant that judges “will fulfill their responsibilities without fear or favor or bias or self-interest,” he said, adding that justice and equality before the law were “the same qualities that define justice itself.”

Some lawyers said Ma’s statements were unusual, as low-profile senior judges tend to hold on to retirement.

Ma said in an email to Reuters that his statements did not address – and were not intended to – address the recent comments by Lam and others, about which he “obviously could not comment.”

“Of course, I can’t talk to others about how they choose to interpret what was said,” he said.

The Hong Kong government did not immediately respond to requests for comment.

In response to Reuters, the Hong Kong judiciary again referred to a speech by Chief Justice Andrew Cheung in May in which he said that legal professionals should “speak for justice, not just protection. of judicial independence, but also in defense of its … reputation as an independent judiciary “.

‘PROFESSIONALISM’ ON POLITICS

China imposed national security legislation on the city in June 2020 to quell anti-government riots. The law punishes what the authorities generally refer to secession, subversion, terrorism, and collusion with foreign forces; critics said it would be used to crush dissent.

In recent months, opposition politicians and activists have been arrested and new restrictions imposed.

A group of judges hand-picked by Lam to hear national security cases are now vying for the first of several cases that could see more than 100 prominent opposition figures jailed for life on various charges, including subversion.

“We must all continue to fulfill our duty to safeguard national security with deep courage and full confidence,” Lam said in July. Officials in Hong Kong and Beijing have repeatedly said that law-abiding people have nothing to fear and that it would only target a small minority of “troublemakers.”

Hong Kong returned to China under a “one country, two systems” formula, which guaranteed its freedoms and its independent legal system. China denies interfering in their way of life.

Hours after Ma spoke, it was confirmed that five candidates who promised “professionalism” on politics had swept the elections for the society’s governing council, where five of the 20 seats could be taken.[nL4N2PW062]

After Ma spoke and before the polls were announced, the Global Times, a newspaper published by China’s ruling communist party, described society’s elections as a “battle between justice and evil.”

The result of the Bar Association vote shattered the hopes of lawyers who wanted tougher action to defend the rule of law in the global financial center.

One of the three candidates described as “liberal” by the pro-Beijing media, incumbent Jonathan Ross, withdrew over the weekend saying he wanted to protect the safety of himself and his family.

Society president Melissa Pang said her organization would continue to uphold the rule of law from a neutral standpoint.

“Professionalism is very important,” he said after announcing the results. “When it comes to politics, we are apolitical.”

In response to Reuters questions, Pang said they were later “grateful” for Ma’s presence at the event and did not see any challenge in his “inspiring speech.”

“The Legal College … has always been and will continue to be fully committed to safeguarding the rule of law.”

Ma, accepting the honor of belonging to life, said that the body had long understood the “true meaning” of the rule of law.

“Not only that, the Bar Association actively supported him and, when the occasion demanded it, he expressed himself unambiguously,” he said in his brief speech in a convention hall in front of the port. .

The professional and regulatory body of 12,000 members of the city’s legal sector has a watchdog role over legal changes and has a say in the appointments of judges and lawyers who are part of government advisory bodies.

Report by James Pomfret, Greg Torode, Anne Marie Roantree and Jessie Pang Edited by Gerry Doyle and Nick Macfie

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