Courts Free From Meddling By Anyone: Geoffrey Ma

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2019-01-14 HKT 18:01

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  • Courts free from meddling by anyone: Geoffrey Ma

Chief Justice Geoffrey Ma has emphasised the importance of an independent judiciary, saying judges are free from any outside interference, including from the executive, the legislature and "anyone else".

The top judge stressed in his speech at the ceremonial opening of the legal year on Monday that the Basic Law stipulates that Hong Kong enjoys independent judicial power.

"Article 2 of the Basic Law states that the National People's Congress authorises Hong Kong to enjoy 'independent judicial power, including that of final adjudication'," Ma said.

He said this is repeated again in Article 19, that the SAR is "vested with independent judicial power, including that of final adjudication".

"Article 85 is clear in stating that Hong Kong courts 'shall exercise judicial power independently, free from any interference'," Ma added.

Some critics have expressed concern that there has been increasing interference by Beijing in Hong Kong’s affairs.

In 2016, the National People’s Congress Standing Committee weighed in before the High Court arrived at a decision – on whether the Legco oaths taken by two localists were valid – by interpreting the Basic Law.

Ma stressed that it's not the courts' function or duty to adjudicate on political, social and economic issues, or to find some sort of middle ground to address community's concerns.

He also said that it's "totally unacceptable" for people to attack judges over their decisions on controversial cases or to level abusive criticism against Hong Kong's courts.

"We live in a complex society and a complex world in which people constantly and critically question the validity of decisions which affect them. Sometimes these decisions may not be easy to grasp," the chief justice said.

Ma added that Hongkongers must strive to maintain the rule of law, as it is one of the most precious features of the city.

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