Respect the independence of the judiciary and stop attacking the judiciary

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Writer: Special writer

2020-09-30 08:00

Last update date: 2020-09-30 08:00

The local economy is suffering from the epidemic and the society is still in dire straits. Some people seem to be aiming at the judiciary, fearing that the world will not be chaotic.

As stated in the statement issued by Chief Justice Ma Daoli of the Court of Final Appeal recently, some people "do not know the situation well, lack proper basis and reason, and criticize judges and courts based on pure claims and out of context." They went online and systematically attacked the judicial system. Institutions attempt to destroy Hong Kong’s core values, which is horrifying.

Written by: Huang Weixin

The community’s concern about the fairness of court sentencing has been increasing since the anti-amendment law cases started. There are discussions on the Internet from time to time about judges’ judgments. For example, the district court judges commented on the defendant in the “Lennon Tunnel” beheading case. "Noble morals" and the magistrate's confession to the police when hearing the case of a district councilor assaulting the police caused dissatisfaction with the opposing camps. Some radical netizens even abused the judges on the Internet and labeled the judges as "Huang Guan" and " Blue official".

Over the years, people from all walks of life have expressed different views on controversial judgments, especially when public outrage and social tears are unprecedentedly serious.

According to a statement issued by Chief Justice Ma Daoli of the Court of Final Appeal recently, some people "are not familiar with the situation, lack proper basis and reason, and criticize the judge and the court based on pure claims and out of context."

(Information Picture/Photo by Li Zetong)

Some citizens have turned their dissatisfaction with the judgment into criticism of the judges themselves. Although they are inappropriate, they have limited impact on the judicial system. However, recently some well-known social figures and political figures who hold public power, as well as those with similar political positions The media has systematically attacked the courts and individual judicial officers with almost critical methods. What are their intentions?

If individual judges make inappropriate personal political comments, the judiciary has established mechanisms and channels to correct them; if persons connected with the case are dissatisfied with the court procedures or judges, they can appeal according to the procedure, or take the judge’s position in dispute before the case starts. If you apply to change the judge on the grounds of affecting impartiality, you can also complain about the judge's behavior after the trial.

However, public criticism, pressure or even insults to judges or courts outside of normal procedures are disrespect for the judicial system.

If a politician who "exports art" has his own qualifications as a lawyer, wouldn't he ignore his professionalism?

These people infinitely amplify the controversial remarks and judgments made by individual judges when making judgments, and even put forward various remarks or proposals that endanger the independence of the judicial system, such as the establishment of sentencing committees, independent complaints committees, and even vilification of judicial independence as "judicial dictatorship." Can't agree.

This purpose is to politicize the judiciary and interfere with the discussion of judicial personnel in performing their duties fairly and fairly. The starting point has been seriously wrong.

Article 85 of the Basic Law guarantees that the courts of the SAR shall conduct trials independently without any interference. The independence of the judiciary is worth defending by Hong Kong people to ensure that they are not involved in any political battle.

I and the Hong Kong Federation of Young Professionals have always encouraged people from different industries and positions in society to step out of their respective camps, engage in rational dialogue and collaboration on social issues, and offer suggestions. Therefore, I am really sad about the recent social atmosphere.

Discussions about recent court decisions and judicial systems should be based on facts and rationality, returning to the legal profession rather than indulging in political abuse; discussing the reform of the judicial system should not weaken independent judicial power or override the courts.

It is hoped that all sectors of society can return to professionalism and rationality, so that the social atmosphere can be back on track.

Huang Weixin

Candidates for the 2020 Legislative Council Election Functional Constituency (Engineering Sector)

Founder of Hong Kong Federation of Young Professionals, winner of Outstanding Young Engineer, Master of Imperial College London.

He worked in MTR in his early years of graduation, and now works as a senior manager in an engineering consulting company.

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