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Ma Daoli pointed out that the arrangement of the judge appointed by the National Security Law was strange

2021-04-22T12:25:42.510Z


Ma Daoli, the former chief judge of the Court of Final Appeal, will serve as an arbitrator at Temple Chambers, where he used to practice privately. He talked about the rule of law and judicial independence at an online forum held by Gray's Inn, a British law school last month.


Political situation

Written by: Zhou Lixi

2021-04-22 20:00

Last update date: 2021-04-22 20:00

Ma Daoli, the former chief judge of the Court of Final Appeal, will serve as an arbitrator at Temple Chambers, where he used to practice privately.

He discussed issues related to the rule of law and judicial independence in an online forum held by Gray's Inn, a law school in the United Kingdom last month. When discussing issues related to the appointment of law-based trials, he pointed out that the appointment of judges by the judiciary itself is part of the rule of law. He also described Hong Kong as a strange arrangement for the Chief Executive to appoint a judge under the decision of the National Security Law.

Senior Counsel Leung Ka-kit, chairman of the Civic Party, described Ma Daoli's remarks as "sonous and courageous," and admitted that some people in the community questioned why Ma did not speak when he was in power, but thought he was "better to speak late than not to speak."

The DAB Ge Peifan questioned the inappropriateness of Ma Daoli's statement and believed that it was misleading.

Last month, Ma Daoli seldom described the appointment of judges under the National Security Act as "strange" in public.

(Screenshot of online forum video)

Liang Jiajie told "Hong Kong 01" that on the first day when the National Security Law came into effect, it was pointed out that the law was self-contained in parallel with the original "source of law" in Hong Kong. For example, the police and the Department of Justice have specialized national security departments. There are also national security judges appointed by administrative agencies in the judicial system, just like "another law enforcement and judicial system."

He criticized that even the list of designated judges cannot be made public under the National Security Law, which may undermine the credibility of the judicial system. Therefore, Ma Daoli's statement is not new to him.

Liang Jiajie described Ma Daoli's remarks as "sonically and courageous."

He admitted that there are indeed people in society who questioned why Ma Daoli did not speak when he was in power, but believed that it is better to speak late than not to speak, especially Ma Daoli is still in the public eye.

Liang Jiajie described Ma Daoli's remarks as "sonically and courageous."

(Profile picture)

Ge Peifan questioned the misleading remarks of Ma Daoli and emphasized that the arrangement does not violate the Basic Law

On the other hand, Ge Peifan, a member of the DAB Legislative Council, believes that Ma Daoli's statement is inappropriate, and the doubt is misleading.

She continued that even if the chief executive appoints judges to handle national security cases, the appointed judges are only selected from the current judges of the judiciary, that is, all judges are recommended by the Judicial Staff Recommendation Committee and appointed by the chief executive, emphasizing the above procedures and the provisions of the Basic Law It is consistent, and the specific schedule, handling, and appointment of judges for national security law cases are all decided by the judiciary. She does not agree that the practice of appointing judges violates the provisions of the Basic Law concerning the protection of the judiciary. "Strange" theory is unbelievable.

Ge Peifan, a member of the DAB Legislative Council, criticized Ma Daoli's statement as inappropriate.

(Profile picture)

Ge Peifan advocates the establishment of a "cold river period" for the Chief Justice of the Court of Final Appeal after his resignation

Ge Peifan also stated that he believes that the United Kingdom has frequently discredited the central government and the Hong Kong government since 2019, and questioned that Ma Daoli joined the British law firm at this sensitive time. It is inevitable that the public will question whether he is involved in a potential conflict of interest, and will also question whether he is involved in a potential conflict of interest. Under his control, the judiciary had earlier made the fairness of judgments related to the anti-amendment case.

She suggested that the government study the establishment of a "cold river period" to regulate the work of the Chief Justice after the resignation of the Court of Final Appeal.

The current system in Hong Kong restricts judges from district courts or higher courts from rejoining the ranks of barristers or lawyers in private practice after judicial appointment. Ma Daoli's post as an arbitrator after retirement is not subject to this restriction.

According to the Hong Kong International Arbitration Center, Ma Daoli is practising as an arbitrator in Hong Kong, Singapore and the United Kingdom.

Among them, in Hong Kong, he rejoined the Temple Chambers where he once practiced as an arbitrator.

National Security Law: Ma Daoli described the Chief Executive’s appointment of the judge as strange but emphasized the double protection

Ma Daoli retires as Chief Judge 3 months before returning to join a British law firm as arbitrator

Ma Daoli's first interview after his retirement was suspicious of conservative labels. The verdict was not a popular result

Li Zhiying case︱Three more judges designated by the National Security Law in the Final Court, including Huo Zhaogang, no overseas judge

"No feeling" for the appointed judge designated by the National Security Law Ma Daoli: No pressure from Beijing and Hong Kong government

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Ma Daoli Hong Kong Version National Security Law Judicial Independence Liang Jiajie Ge Peifan

Source: hk1

All news articles on 2021-04-22

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