Members of the Judiciary and legal professionals attend the ceremony marking the opening of the legal year at the Hong Kong City Hall in Hong Kong on Jan 16, 2023. (ANDY CHONG / CHINA DAILY)
Hong Kong courts must respect and uphold the constitutional order of the Hong Kong Special Administrative Region under the Constitution of the country, Chief Justice Andrew Cheung Kui-nung said Monday.
Speaking at a ceremony to mark the opening of Legal Year 2023 in Hong Kong, Cheung said the Judiciary is part of the constitutional setup of the Hong Kong SAR under the Constitution, and its role is defined and governed strictly.
Some views on court decisions were due to an inadequate understanding of judicial procedures while judgments cannot please everyone
The Chief Justice of the Court of Final Appeal said the community has misunderstood the role and functions of the Judiciary over the past few years, which led to inappropriate criticism of court rulings and personal attacks on judges.
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Some views on court decisions were due to an inadequate understanding of judicial procedures while judgments cannot please everyone, Cheung said.
However, this does not mean that the courts have failed to fulfil their duty, which is to be impartial and to apply the laws faithfully, Cheung said.
“Constitutionally, Article 2 of the Basic Law specifically provides that the National People’s Congress authorizes the Hong Kong SAR to exercise a high degree of autonomy and enjoy, among other things, independent judicial power, including that of final adjudication, in accordance with the provisions of the Basic Law,” Cheung said.
“Article 19 again vests the Hong Kong SAR with independent judicial power, and the courts of the Hong Kong SAR are specifically designated as the organ in the Region to exercise the independent judicial power,” he added.
Hong Kong Chief Justice Andrew Cheung Kui-nung delivers a speech during the opening of the legal year at the Hong Kong City Hall on Jan 16, 2023. (ANDY CHONG / CHINA DAILY)
Cheung revealed that the Judiciary is considering livestreaming select open judicial proceedings, as an approach to educate the public on legal issues and enhance the transparency of court proceedings. But certain cases, such as those with juries or sensitive evidence, will not be appropriate for streaming, he said.
The Judiciary will set up a working group to offer guidelines for a livestreaming arrangement and to review the potential risks it may bring, such as the misuse of court videos or the leaking of personal information. Cheung said he hopes some courtrooms will be streamed live within this year if practicable.
Speaking at the same ceremony, Secretary for Justice Paul Lam Ting-kwok said Hong Kong’s common law system must be maintained based on the constitutional order founded on the Constitution of the People’s Republic of China.
Stressing the central government’s commitment in maintaining the city’s common law system, Lam said the nation has given Hong Kong missions that cannot be accomplished unless the common law system is maintained and the rule of law in Hong Kong is upheld.
Lam also dismissed some suggestions made about a recent interpretation of the National Security Law for Hong Kong by the Standing Committee of the National People’s Congress (NPCSC).
Secretary for Justice Paul Lam Ting-kwok delivers a speech during the opening of the legal year at the Hong Kong City Hall on Jan 16, 2023. (ANDY CHONG / CHINA DAILY)
The NPCSC had earlier expounded on the city’s NSL at the request of the HKSAR government in view of concerns over having foreign counsels, who generally are not qualified to practice in the city, engage in cases relating to national security.
“Such suggestions are plainly wrong and misconceived. The Interpretation is, by definition, a clarification of the original intent and purpose of those provisions; it does not confer any new power on anyone,” Lam said.
Victor Dawes, chairman of the Hong Kong Bar Association, and Chan Chak-ming, president of the Law Society of Hong Kong, also delivered speeches at the event.
Over the past two years, the opening ceremony of Legal Year has been held at the Court of Final Appeal because of public health considerations.
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This year, it returned to the Hong Kong City Hall. The ceremony began at 4:20 pm with Cheung inspecting a ceremonial guard of the Hong Kong Police Force at Edinburgh Place, a public square in front of the city hall.
For the first time, the Ceremonial Guard performed Chinese-style foot drills, with oral commands given in Mandarin. The change came after all Disciplinary Services, including the police force and customs, adopted fully the Chinese mainland’s protocols for foot drills on July 1, 2022.
The ceremonial opening was broadcast live on the Judiciary’s website.