#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