Attacks On Courts Will Hit Public Faith: Geoffrey Ma

Chief Justice Geoffrey Ma on Wednesday made an impassioned plea against attacks on the judiciary, saying levelling such charges is wrong and will lead to the public losing faith in the judiciary.

In an 18-page long statement, the top judge did not mention the separation of powers within government which had become a controversy recently, but highlighted some of the key principles of Hong Kong's legal system, such as the right of defendants to a fair trial, and the presumption of innocence.

The Chief Justice said though courts are not beyond criticism, raising unjust charges against judges or without proper grounds would damage the public's faith in the judiciary.

"It is wrong and detrimental to public confidence in the administration of justice to level criticisms against judges and the courts without being informed, and without proper grounds and reasons, or to base such criticisms on bare assertions or matters taken out of their proper context," he said.

The Chief Justice also said judges must not be influenced by political considerations and they must conduct their work in a manner that helps to maintain confidence in the independence of the courts.

"Justice must be done and must be seen to be done," he said.

The judiciary had been a target of attacks from both government supporters and critics over some recent protest-related rulings.

"It is no part of the courts’ function to determine, for example, political controversies, to promote any political viewpoint, or to adjudicate in accordance with any mainstream media or public opinions," Ma said.

"Courts and judges do not have the power to do this. Neither should they seek to do this."

But Ma also stressed the need for judges to do their job without interference. "Together with the concept of equality, it means that in the discharge of their judicial responsibilities, judges must act honestly and with integrity, without fear of favour."

The Chief Justice stayed out of controversial subjects like the separation of power between the executive, judiciary and legislature – which the Chief Executive Carrie Lam has said was not applicable in Hong Kong – nor did he refer to the security law enacted by Beijing.

But Ma did touch upon the calls for a review of sentencing guidelines by some lawmakers.

Members of the pro-Beijing DAB were vocal on this, saying the punishments handed out by the courts on protest-related cases were too light.

"There are two aspects of sentencing that should be emphasised. First, sentencing is a legal question to be determined in accordance with legal principles. It is part of the judicial function and process. It is not a political question," he said.

"The fundamental principles identified earlier apply as much to sentencing as they do to any other exercise of judicial power."

Referring to the granting of bail, another aspect that has generated controversy recently, Ma said the presumption of innocence until a person is proven guilty is an essential feature of Hong Kong law, and the same presumption applies to bail hearings too.

He said if the prosecution objects to a bail application, it "has the responsibility to state its position and provide the court with adequate grounds and evidence to support its stance".