#1984InHongKong #CarrieLam
Editor’s note: Maria Tam mentioned the prosperity of Hong Kong was based on the separation of three powers. In the book 1984, “Who controls the past controls the future. Who controls the present controls the past.”, seems to be what’s happening now in Hong Kong.
(1 Sep) On 1 September 2020, Carrie Lam denied the “separation of powers” principle in Hong Kong and rejected to comment on why people thought it had existed before. After studying judicial’s comments carefully, she found they were referring to work in the cooperation.
Source: Stand News, Mingpao
Images: Hong Kong Echo
Translation: Hong Kong Echo & Guardian of Hong Kong
#GeoffreyMa #AndrewLi
Editor’s note: Maria Tam mentioned the prosperity of Hong Kong was based on the separation of three powers. In the book 1984, “Who controls the past controls the future. Who controls the present controls the past.”, seems to be what’s happening now in Hong Kong.
(1 Sep) On 1 September 2020, Carrie Lam denied the “separation of powers” principle in Hong Kong and rejected to comment on why people thought it had existed before. After studying judicial’s comments carefully, she found they were referring to work in the cooperation.
Source: Stand News, Mingpao
Images: Hong Kong Echo
Translation: Hong Kong Echo & Guardian of Hong Kong
#GeoffreyMa #AndrewLi
#GeoffreyMa #JudicialIndependence
Hong Kong's top judge rebuts, “Duty of judges is strictly to apply the law and nothing else”
Source: Stand News, Apple Daily #Sept23
Read more
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Hong Kong's top judge rebuts, “Duty of judges is strictly to apply the law and nothing else”
Source: Stand News, Apple Daily #Sept23
Read more
⬇️⬇️⬇️
#GeoffreyMa #JudicialIndependence
Hong Kong's top judge rebuts, “Duty of judges is strictly to apply the law and nothing else”
Geoffrey Ma, the chief justice of the Court of Final Appeal, issued a rare statement on September 23 to remind the public that any criticism of judges and court decisions must be informed, solidly based and properly made, otherwise it would be detrimental to public confidence in the administration of justice and, ultimately, to the rule of law in the city.
Ma’s statement came amidst heated debates over Hong Kong’s judicial independence, after claims by both the Communist Party and the local government that the city does not exercise separation of powers between the executive, the legislature and the judiciary. The pro-Beijing camp, including media outlets, has also rounded magistrates for supposedly being too lenient with young protesters.
Ma explained to the public that the constitutional duty of judges was “strictly to apply the law and nothing else.”
Judges must be impartial, he said, and when they were not, a number of channels were available: redress by way of an appeal or review, an application for recusal filed by the accused or the prosecution, and the established complaints mechanism of the judiciary.
Notable among other principles were the requirement of a fair trial, the presumption of innocence, the need for the prosecution to prove that an accused committed a crime beyond reasonable doubt before there could be a conviction, and the right to an appeal.
Ma also singled out the topics of bail, sentencing, and appeals and reviews, which had attracted comment and criticism. He said it was important that such comments were informed and understood in the proper context.
“In this respect, the role and responsibilities of the Secretary for Justice (as representing the public interest in the prosecution of crimes) must also be properly understood,” he wrote.
Source: Stand News; Apple Daily #Sept23
#SeperationofPowers #RuleofLaw #ChiefJustice
Hong Kong's top judge rebuts, “Duty of judges is strictly to apply the law and nothing else”
Geoffrey Ma, the chief justice of the Court of Final Appeal, issued a rare statement on September 23 to remind the public that any criticism of judges and court decisions must be informed, solidly based and properly made, otherwise it would be detrimental to public confidence in the administration of justice and, ultimately, to the rule of law in the city.
Ma’s statement came amidst heated debates over Hong Kong’s judicial independence, after claims by both the Communist Party and the local government that the city does not exercise separation of powers between the executive, the legislature and the judiciary. The pro-Beijing camp, including media outlets, has also rounded magistrates for supposedly being too lenient with young protesters.
Ma explained to the public that the constitutional duty of judges was “strictly to apply the law and nothing else.”
Judges must be impartial, he said, and when they were not, a number of channels were available: redress by way of an appeal or review, an application for recusal filed by the accused or the prosecution, and the established complaints mechanism of the judiciary.
Notable among other principles were the requirement of a fair trial, the presumption of innocence, the need for the prosecution to prove that an accused committed a crime beyond reasonable doubt before there could be a conviction, and the right to an appeal.
Ma also singled out the topics of bail, sentencing, and appeals and reviews, which had attracted comment and criticism. He said it was important that such comments were informed and understood in the proper context.
“In this respect, the role and responsibilities of the Secretary for Justice (as representing the public interest in the prosecution of crimes) must also be properly understood,” he wrote.
Source: Stand News; Apple Daily #Sept23
#SeperationofPowers #RuleofLaw #ChiefJustice
#JudicialIndependence #SeparationofPowers
HK Chief Justice Geoffrey Ma: Judicial Independence Must Be Separated from Politics, No One is Above the Law
The issue of separation of powers has sparked intense debate in Hong Kong as the authorities and Beijing loyalists refused to acknowledge its practice in Hong Kong.
In his speech at the ceremonial opening of Hong Kong Legal Week 2020, Chief Justice of the Court of Final Appeal Geoffrey Ma reiterated the importance of not politicizing the independent judiciary and court. As clearly stated in the Basic Law, Hong Kong enjoys independent judicial power, including that of final adjudication. This means no one is above the law, nor can one interfere with court decision. All adjudications must comply strictly with the law, and uphold the principles of equality, equity and fairness.
Geoffrey Ma also pointed out that the rule of law had always been an important core value of Hong Kong, which warranted careful protection, and society could not bear the risk of losing it.
He asked the public to dismiss misconceptions and misunderstanding about rule of law in order to protect it. He believed that law should be predictable, stable and clear, and judicial decision should be open to the public.
Ma stated that according to the Basic Law, the non-permanent judges of the Court of Final Appeal and lawyers from other common law jurisdictions could practice in Hong Kong.
Source: Stand News #Nov2
#RuleofLaw #GeoffreyMa #LegalWeek #Speech
HK Chief Justice Geoffrey Ma: Judicial Independence Must Be Separated from Politics, No One is Above the Law
The issue of separation of powers has sparked intense debate in Hong Kong as the authorities and Beijing loyalists refused to acknowledge its practice in Hong Kong.
In his speech at the ceremonial opening of Hong Kong Legal Week 2020, Chief Justice of the Court of Final Appeal Geoffrey Ma reiterated the importance of not politicizing the independent judiciary and court. As clearly stated in the Basic Law, Hong Kong enjoys independent judicial power, including that of final adjudication. This means no one is above the law, nor can one interfere with court decision. All adjudications must comply strictly with the law, and uphold the principles of equality, equity and fairness.
Geoffrey Ma also pointed out that the rule of law had always been an important core value of Hong Kong, which warranted careful protection, and society could not bear the risk of losing it.
He asked the public to dismiss misconceptions and misunderstanding about rule of law in order to protect it. He believed that law should be predictable, stable and clear, and judicial decision should be open to the public.
Ma stated that according to the Basic Law, the non-permanent judges of the Court of Final Appeal and lawyers from other common law jurisdictions could practice in Hong Kong.
Source: Stand News #Nov2
#RuleofLaw #GeoffreyMa #LegalWeek #Speech
#Justice
Top Judge in Hong Kong Defends Hong Kong’s Independent Judiciary in Farewell Speech
Chief Justice Geoffrey Ma, Hong Kong's top judge for 10 years, delivered his farewell speech at the Court of Final Appeal in Hong Kong on Jan 6, 2021.
Ma made strong statement in defense of the importance of Hong Kong’s independent judiciary and stressed that human rights are a fundamental feature of the Basic Law.
“It is not just about being conducive to business and investment. Nor is it only about law and order. It also includes the recognition and enforcement of those rights we call human rights and fundamental freedoms (such as the freedom of assembly, of procession, of association and the freedom of the press), always of course recognising as well the importance of the respect for the rights and entitlements of others in the community.”
“The importance we place on rights and freedoms is a fundamental feature of of the Basic Law."
“So whenever there are discussions about the rule of law, the independence of the judiciary, and the role and responsibilities of judges in relation to these fundamental features, the foundation for such discussions must be to refer to the Basic Law,” the top judge said.
“They are not in any way strange concepts that have been transplanted randomly to apply in Hong Kong: they are concepts required by, protected by and to be enforced under the very constitutional document that governs Hong Kong.”
“To repeat a phrase that bears reminding at all times: no one is above the law, all are subject to it and everyone is equal in the eyes of the law.”
"As we know, such criticisms can be trenchant, even to the point of being abusive on occasion, but in spite of this our judges have remained true to their calling. Sometimes, I think that courage is needed.”
[Editor's note: On the same day, the Hong Kong police, with the support of the government's Security Bureau, arrested over 50 pro-democracy activists, former lawmakers, lawyer, and scholars under the National Security Law. The act has stirred up outcry and uproar within the outside of the city.]
Source: RTHK #Jan6
https://news.rthk.hk/rthk/en/component/k2/1569026-20210106.htm
#GeoffreyMa #JudicialIndependence #Professionalism #Court
Top Judge in Hong Kong Defends Hong Kong’s Independent Judiciary in Farewell Speech
Chief Justice Geoffrey Ma, Hong Kong's top judge for 10 years, delivered his farewell speech at the Court of Final Appeal in Hong Kong on Jan 6, 2021.
Ma made strong statement in defense of the importance of Hong Kong’s independent judiciary and stressed that human rights are a fundamental feature of the Basic Law.
“It is not just about being conducive to business and investment. Nor is it only about law and order. It also includes the recognition and enforcement of those rights we call human rights and fundamental freedoms (such as the freedom of assembly, of procession, of association and the freedom of the press), always of course recognising as well the importance of the respect for the rights and entitlements of others in the community.”
“The importance we place on rights and freedoms is a fundamental feature of of the Basic Law."
“So whenever there are discussions about the rule of law, the independence of the judiciary, and the role and responsibilities of judges in relation to these fundamental features, the foundation for such discussions must be to refer to the Basic Law,” the top judge said.
“They are not in any way strange concepts that have been transplanted randomly to apply in Hong Kong: they are concepts required by, protected by and to be enforced under the very constitutional document that governs Hong Kong.”
“To repeat a phrase that bears reminding at all times: no one is above the law, all are subject to it and everyone is equal in the eyes of the law.”
"As we know, such criticisms can be trenchant, even to the point of being abusive on occasion, but in spite of this our judges have remained true to their calling. Sometimes, I think that courage is needed.”
[Editor's note: On the same day, the Hong Kong police, with the support of the government's Security Bureau, arrested over 50 pro-democracy activists, former lawmakers, lawyer, and scholars under the National Security Law. The act has stirred up outcry and uproar within the outside of the city.]
Source: RTHK #Jan6
https://news.rthk.hk/rthk/en/component/k2/1569026-20210106.htm
#GeoffreyMa #JudicialIndependence #Professionalism #Court
news.rthk.hk
CJ defends independent judiciary in farewell speech
Outgoing Chief Justice Geoffrey Ma delivered a robust defence of the importance of Hong Kong’s independent judiciary and stressed that human rights are a fundamental feature of the Basic Law, in a farewell sitting at the Court of Final Appeal on Wednesday…