The opening ceremony of the 2022 legal year was held today (24th). Considering the recent public health situation, the ceremony was moved from the Hong Kong City Hall to the Court of Final Appeal.
The Chief Justice of the Court of Final Appeal, Cheung Chun-neng, the Secretary for Justice, Mrs Cheng Yeuk-wah, the Chairman of the Bar Association, Mr. Du Gankun, and the President of the Law Society, Mr. Chan Chak Ming, delivered speeches.
When meeting the media after the event, Zhang Juneng emphasized that judges must abide by the judicial oath made in accordance with Article 104 of the Basic Law. The oath is binding when appointing judges to hear national security cases, just as they do other types of cases.
When asked about the "National Security Law", many defendants have been held on remand for a long time without bail. Zhang Juneng emphasized that he understands the concern of the society, but emphasized that under the principle of common law, the relevant procedures are very "true", not just based on will. Speed up the trial, emphasizing that the court has dealt with the relevant procedures as soon as possible.
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At the press conference, Zhang Juneng was repeatedly asked about the designation of judges under the National Security Law. Zhang Juneng emphasized that he should not comment on the relevant operations, and pointed out that he mentioned the issue of judge designation in his speech. "confidence", stressing that even if no judge has been appointed before, the judge will definitely be fair and impartial, and that from the perspective of the judiciary, appointing a judge to hear other cases is exactly the same.
When asked about replacing the long-standing jury trial with three designated judges, Zhang Juneng re-emphasized that he was the head of the judiciary and did not comment on the operation of the National Security Law.
He mentioned that the appeal route is exactly the same, and cases are also handled through the Court of Appeal or the Court of Final Appeal.
As for the closed-door interrogation arrangement under the National Security Law, Zhang Juneng said that closed-door interrogation under special circumstances is not new to Hong Kong. He pointed out that there have been many closed-door interrogations for reasonable reasons in the past, and the national security law trial is only one of them.
Zhang Juneng met with reporters after the opening ceremony of the legal year.
(Photo by Lu Yiming)
Zhang Juneng said that Hong Kong is a society under the rule of law, emphasizing that the rule of law ensures and promotes fairness, equality and justice, which are the core values of judicial work under the legal system.
The judicial independence of Hong Kong is constitutionally guaranteed by the Basic Law. Articles 2, 19 and 85 of the Basic Law clearly stipulate that the Hong Kong Special Administrative Region shall enjoy independent judicial power and the power of final adjudication, and the courts shall conduct independent proceedings. The trial shall be free from any interference, emphasizing that the Basic Law and related laws have clear and strict regulations on the appointment and removal of judges.
Zhang Juneng pointed out that cases involving crimes endangering national security can only be tried by judges appointed by the Chief Executive in accordance with Article 44 of the National Security Law, emphasizing that the impartiality of the courts will never be affected by the arrangements under Article 44 .
He pointed out that the judicial oath is binding when appointing judges to hear national security cases, just like they hear other types of cases. "It is actually the responsibility of the leaders of the relevant courts to appoint a designated judge to hear individual cases."
He pointed out that useful and constructive criticisms of the judiciary and its work are welcome, but they are based on speculation, political leanings or geopolitical considerations, and they do nothing to promote the rule of law in Hong Kong or maintain judicial independence,” Attempts to intimidate or exert undue pressure on judges trying cases stemming from social events in 2019 or national security cases continue to grow. These actions are a direct and blatant affront to the rule of law and judicial independence and must be condemned.”
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