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Author Archives: hksar gov

Statement by Chief Justice of Court of Final Appeal

The following is issued on behalf of the Judiciary:

     In relation to the Reasons for Sentence delivered by District Judge W K Kwok on April 24, 2020 (DCCC 834/2019) [2020] HKDC 9, the relevant periods of time to appeal or to apply for a review of sentence having expired, the Chief Justice of the Court of Final Appeal, Mr Geoffrey Ma Tao-li, made the following statement today (May 25):
      
     The due administration of justice by an independent and impartial judiciary is the cornerstone of the rule of law in Hong Kong. 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. It should be emphasised again that everyone is equal before the law.
      
     An important aspect of this is that judges and judicial officers must not be biased nor, just as important, be reasonably perceived to be biased for or against any persons or causes. For this reason, they must refrain from unnecessarily expressing in public, including in their judgments, any views on matters that are controversial in society or may come before the courts for adjudication. This is particularly so with political views of whatever nature. Where the resolution of an issue in a court case necessitates the expressing of a view by the court on a matter of political controversy, such view must be measured and go no more than is reasonably necessary to dispose of the issue at hand.
      
     Non‑adherence to these principles threatens the public’s confidence in, and its perception of, the independence and impartiality of the Judiciary. A judge or judicial officer who expresses in public unwarranted or unnecessary political views risks compromising the appearance of impartiality and ability to hear any cases in which one’s political stance may reasonably be regarded as relevant.
      
     The Chief Justice has in the past reminded all judges and judicial officers of these important principles, which are contained in the Guide to Judicial Conduct. He has also spoken to and reminded HH Judge Kwok of the importance of the above matters in discharging his judicial duties. The Reasons for Sentence referred to earlier have caused controversy in that there is a risk that some reasonable, fair‑minded and well‑informed persons could reasonably take the view that the aforesaid principles may have been compromised in that a wrong perception was given. Judge Kwok agreed with the Chief Justice. For these reasons, the Chief District Judge with the agreement of the Chief Justice has also decided that Judge Kwok should not for the time being deal with any cases involving a similar political context. read more

Commissioner of Police fully supports draft Decision on establishing legal system and enforcement mechanisms for HKSAR to safeguard national security

     The National People’s Congress (NPC) will deliberate a draft Decision for the Hong Kong Special Administrative Region (HKSAR) to safeguard national security (the Decision).

     The Commissioner of Police, Mr Tang Ping-keung, expressed his full support for the Decision and will strive his best to lead the Force to work with other disciplinary forces under the Security Bureau in maintaining national security. Since June last year, the opposition to the proposed legislative amendments has led to massive violent protests. There were 14 cases involving explosives and five cases involving seizure of genuine firearms and ammunition. The explosives seized were commonly used in terrorist attacks overseas. Criminals even detonated bombs at hospital toilet and on crowded public transport. Facing the riots and extreme separation forces of “Hong Kong Independence” stemmed from the social incidents against the extradition bill, Police deeply realised that Hong Kong is at the risk point of national security and there is a need to take effective measures to prevent the situation from deteriorating.

     Mr Tang said that the Decision will help combat the force of “Hong Kong independence” and restore social order. Police fully support it and will perform its duties fully to maintain national security and ensure Hong Kong’s security and stability. read more

Commissioner of Correctional Services fully supports draft Decision on establishing and improving legal system and enforcement mechanisms for HKSAR to safeguard national security

     The National People’s Congress will deliberate a draft Decision on establishing and improving the legal system and enforcement mechanisms for the Hong Kong Special Administrative Region (HKSAR) to safeguard national security (the Decision).

     The Commissioner of Correctional Services, Mr Woo Ying-ming, welcomes the Decision. Under the leadership of the Security Bureau, the Correctional Services Department (CSD) will co-operate with other disciplinary forces, to support the Police to take resolute enforcement actions, and to assist the HKSAR Government in restoring public order, stopping violence, curbing disorder and safeguarding national security.

     Mr Woo said that the CSD acts as the last element in the criminal justice system of Hong Kong, holds the position of “anti violence, uphold the rule of law”. The CSD will continue to maintain a safe custodial environment, to ensure all persons in custody receive just and due punishment, to self-reflect and turn over a new leaf. In the future, the CSD will strictly enforce the law, to maintain its correctional facilities’ order and stability.

     National security is the prerequisite of national development. Looking around the world, no countries allow any act of secession on their territories. It is the right time to enact the National Security Law, in order to tell any parties who hold anti-central authority sentiments and seek disorder, not to underestimate the Central Government and HKSAR Government’s dedication to eradicate threats to national security. The CSD will fully support the Decision and hopes that Hong Kong can soon return to the normal track. read more