Political situation
Written by: Zhou Lixi Wu Zhuoan Lin Jian
2021-01-11 18:20
Last update date: 2021-01-11 19:33
The Chief Justice of the Court of Final Appeal Zhang Juneng was sworn in today (11th). He presided over the opening ceremony of the 2021 legal year in the afternoon and then attended a press conference to respond to media questions. He was expected to be asked about key issues such as national security law and judicial reform.
"Hong Kong 01" will broadcast the entire press conference process.
[19:16] Refers to the "separation of powers" too politically refused to comment
A reporter asked whether the issue of the separation of powers is no longer discussed because of politicization.
Zhang Juneng pointed out that he was not suitable for comment on politicized issues, but he emphasized Articles 2, 19, and 85 of the Basic Law and mentioned that Hong Kong has independent judicial power and independently exercise judicial power to judge cases.
All work is stressful. This is part of the job of a judge. Of course, the verdict cannot make everyone happy. Criticism is inevitable.
Regarding sentencing guidelines, Zhang Juneng pointed out that the role of the Court of Appeal is to provide guidance and guidance on sentencing, and the Court of Appeal has an important role here.
In their judgments, higher courts will mention how to handle similar cases, which is binding on lower courts. The existing appeal mechanism and sentencing guidelines are more effective.
Regarding judicial reform, he himself is very concerned about it, and hopes to respond to social demands as soon as possible. All constructive suggestions are welcome. They will consider the opinions of the public and announce them in due course.
Regarding the resignation of overseas non-permanent judges after the implementation of the National Security Law, Zhang Guan said that since the National Security Law came into effect, there have been many appeals involving overseas non-permanent judges, including remote hearings and personal participation.
Judge asked people wearing yellow masks to leave court Zhang Juneng: Hong Kong is a free society
Regarding the argument that "the rule of law is dead", he said that people in the community do not like some judgments, and they are sighed and emotionally understandable, but he absolutely believes that Hong Kong has a society under the rule of law, including four aspects: 1. Everyone is equal before the law; the law Openness and transparency; judicial independence; protection of basic human rights.
Regarding the District Court hearing an anti-amendment case this morning, Judge Lian Jinhong asked people wearing yellow masks to leave the court. Zhang Guan said that he would not comment on the practice of individual cases, but judges have great discretion to ensure a fair and just trial. There are many.
Regarding what clothes to wear and what color masks to wear, he said that Hong Kong is a free society and there is no problem at all.
Zhang Juneng.
(Photo by Yu Junliang)
Responding to the Sentencing Committee's recommendation Zhang: The Appellate Court handles more effectively
[18:49] Zhang Juneng took the initiative to respond to the community’s request for the establishment of a sentencing committee at the press conference, saying that sentencing is an important part of judicial functions, and that sentencing is performed independently by judges. From the perspective of the common law, the Court of Appeal handles appeals and sentences. At the time of the nuclear investigation, it has played an important role, which is to correct the mistakes of the lower courts, eliminate the gap between the judgments or sentences of the lower courts, and issue authoritative sentencing guidance.
Zhang Juneng pointed out that the society’s recommendations of the sentencing committee were also made in response to several sentencing decisions made by the lower courts in recent days on social incidents.
Zhang Juneng emphasized that the establishment of authoritative and binding sentencing guidelines and the elimination of sentencing differences between the lower courts are considered to be more effective and conventional methods through appeals and sentence reviews. He also pointed out that the appeal court has now a total of Handle the sentencing reviews of no less than eight cases related to social incidents, and issue important sentencing guidelines and guidance on such cases. These sentencing guidelines are binding on all lower courts.
Zhang Juneng said that the court attaches great importance to the handling of complaints against judges’ behavior. Since last year, the court has taken measures to upload the reasons for the investigation results of complaints that have received widespread attention to the website of the Judiciary. In view of the fact that the complaint handling mechanism has attracted public attention, at the same time The last review of the relevant mechanism was in 2016. Therefore, the Judiciary will review the mechanism to further enhance the transparency and accountability of the mechanism. During the review process, public opinions will be considered.
Chief Justice Zhang Ju-neng (left) of the Court of Final Appeal made a judicial oath under the oath of Chief Executive Carrie Lam.
(Information Services Department)
[18:39] Zhang Juneng mentioned in his opening speech that 2020 is a special and difficult year for Hong Kong. He is grateful to colleagues from the judiciary for their tireless efforts to deal with cases related to the COVID-19 epidemic. He specifically mentioned The number of judicial review cases and applications for review permission granted by the High Court.
He pointed out that the number of review permits granted in the previous year did increase, but the reason was entirely due to the increase in judicial review permit applications for non-refoulement torture claims.
He continued that the number of applications for review of non-refoulement claims increased from 60 in 2016 to 3,700 in 2019.
As for other types of review cases, the number of permit applications approved in the past five years has remained at around 160 per year.
Ma Daoli's press conference before retirement, respond to the main questions (see the figure below for details)
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The Court of Final Appeal Zhang Juneng is my home court