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Written by: Zhu Dixin
2021-01-11 17:04
Last update date: 2021-01-11 17:04
The Chairman of the Bar Association, Dai Qisi, attended the opening ceremony of the 2021 legal year today (11th). In his speech, he described that the unreasonable criticism of the judge was undoubtedly a poison and undermined the public's confidence in the judiciary.
If the attack is out of hope to influence the judge's decision, it will even constitute contempt of the court.
Dai Qisi described this kind of unreasonable attack on the judge as despicable, because the attacker knew that the judge could not respond.
He also hopes that the public will understand that it is useless to make shameless attacks on the judiciary.
Dai Qisi pointed out that the judiciary must be "independently" and "free from any interference" in exercising its judicial power.
This means that administrative agencies and legislatures cannot usurp the power of the judiciary, nor can they share the power to exercise it, let alone recommend the court how to exercise this power in a specific or a certain type of case.
People under jurisdiction must abide by the ruling
Except for special circumstances where the Standing Committee of the National People's Congress has the right to interpret, when the Court of Final Appeal exercises its judicial power, its judgments are final, and all persons and institutions under the jurisdiction must abide by the court's rulings.
Attacking judges for political or moral inconsistency is poison
Dai Qisi also mentioned severe criticism of the judge and the verdict.
He pointed out that if the criticism is completely reasonable, it may have some beneficial effects.
However, if the result does not meet a certain political or moral agenda, an unreasonable criticism is made and the judge is accused of being biased or dishonest.
He pointed out that such criticism is undoubtedly a kind of poison, destroying people's confidence in the judiciary.
To criticize the desire to influence the judge's decision constitutes contempt of court
He pointed out that if the attack is out of hope to influence the judge's decision, it would constitute contempt of the court.
Dai Qisi described this attack on the judge as despicable because the attacker knew that the judge could not respond.
Although the Bar Association may object to these attacks, it cannot bring to justice those who make unwarranted attacks.
Under such circumstances, it is the job of the Secretary for Justice to ensure that these persons will be held legally responsible.
Dai Qisi added that the Secretary of Justice has its own difficulties in this aspect.
She wants to accept that the people have the right to criticize the judge, even if the criticism is immature or uses offensive language when criticizing.
At the same time, judicial tolerance is also limited.
Will undermine people's trust and respect for the court
Dai Qisi emphasized that although the judge's personal feelings about these attacks are not important, it is about the integrity of the judiciary.
When society is constantly attacking judges, unreasonably accusing them of being politically biased, incompetent or dishonest, this is not harm to judges, but to the judiciary.
If no action is taken against these attacks, it will undermine people’s trust and respect for the courts.
Dai Qisi said that he will end his third-year chairmanship within a few weeks.
Looking back on the past year, he was surprised that the Bar Association issued more than a dozen statements on related issues.
No judicial independence Hong Kong has nothing
He hopes that people will understand that it is useless to make a shameless attack on the judiciary.
They erode society’s respect for the law, and respect for the law is what is required to maintain judicial independence.
Without judicial independence, Hong Kong would have nothing.
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Judiciary Bar Association Dai Qisi Court
