Political situation
Written by: Peng Zhuowei
2020-09-23 16:23
Last update date: 2020-09-23 16:23
In response to many recent comments, opinions and criticisms on multiple judicial decisions by the courts and judges, Chief Justice Ma Daolijin (23rd) of the Court of Final Appeal issued a statement, emphasizing that the Basic Law ensures that the courts exercise independent judicial power and that the courts conduct trials independently , Without any interference.
Ma Daoli stated that the constitutional duty of judges is to exercise judicial powers on the basis of law, without other considerations, nor to make decisions on political issues or disputes. Therefore, judges must not be affected by political considerations of any nature. .
"In other words, when the court makes a ruling or handling a case, there must be no actual or perceived bias. The court has always only made rulings and handled cases in accordance with the law, without considering any external factors."
The Chief Justice of the Court of Final Appeal, Ma Daolijin (23rd) issued a statement, emphasizing that the Basic Law ensures that the courts exercise independent judicial powers and that the courts conduct trials independently without any interference.
Public comments, opinions and criticisms must be justified
Ma Daoli emphasized in the statement that everyone is equal before the law, and no one can override the law.
Judges have constitutional duties and perform judicial work without fear and impartiality.
He also specifically mentioned some basic principles for handling criminal cases, the first of which is the requirement of a fair trial. Other principles include the assumption of innocence, and the court must be convicted only after the prosecution has fulfilled its burden of proof to the standard beyond reasonable doubt. Regulations, and the right to appeal.
Regarding issues such as bail, sentencing, appeals and reviews, Ma Daoli pointed out that the above issues are all aspects of comments, opinions and criticisms that have attracted criminal cases. He emphasized that such comments, opinions and criticisms must be justified. He has a correct understanding of the relevant background, and believes that society must properly understand the role and responsibilities of the Secretary of Justice (prosecuting criminal offences on behalf of the public interest).
Judges must be impartial and judiciary and its functions should never be politicized
Ma Daoli emphasized that the judge must be impartial. "Otherwise, there are multiple ways to correct the situation. The defendant or the prosecution (ie the Secretary of Justice) can appeal, review, or apply for disqualification from the judge to hear the case. You can also lodge a complaint with the judiciary according to the established complaint mechanism."
He also pointed out that the courts and judges can be criticized, but the criticism must be justified, well-reasoned and properly raised, otherwise it will damage the public’s confidence in the judiciary and ultimately endanger the rule of law in Hong Kong. He finally emphasized that the judiciary and its functions It should definitely not be politicized.
Full text of Ma Daoli's statement
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