Call For Sentence Review Panel Dangerous: Ronny Tong

Executive councillor and barrister Ronny Tong said on Thursday that setting up a panel to review sentencing guidelines was a "very dangerous" move and would lead to judges coming under political pressure.

“It can easily turn into a political pressure to be brought to bear on judges affecting their independence,” said Tong.

Lawmaker Holden Chow, the vice chairman of the biggest pro-Beijing party in the city, the DAB, had called for such a panel, saying the sentencing of some anti-government protesters was too lenient.

Tong said it's the function of the Court of Appeal to set down the relevant guidelines as to what punishments should apply to what cases.

"I would disagree that we should have an outside agency trying to oversee the work of the judges," he said.

Tong earlier told an RTHK radio programme that he's aware that some political groups that are unhappy about the outcomes of certain court cases have proposed setting up institutions to monitor trials.

He said he hoped that these groups will understand that criticising the courts in the current social environment is not helpful in maintaining One Country, Two Systems, and reminded them that there is a complaint mechanism for those who are unhappy with rulings.

Chow had earlier told the same programme that the UK and the US have established committees to formulate sentencing guidelines, and defended calls for a similar system here.

He said that judges in past cases involving extradition bill protesters often cited the wrong legal principles, which has led people to assume the courts are acting unfairly and that the judiciary has been politicised.

Tong's view was echoed by Civic Party chairman Alan Leong who told the same radio programme that setting up a sentencing committee would weaken the powers of the judiciary, and was akin to "chopping off someone's left and right hand".

Referring to the statement issued by Chief Justice Geoffrey Ma on Wednesday – urging the public to refrain from attacking the judiciary – Tong later told RTHK's Jimmy Choi that the top judge's statement was unusual, but also a timely reminder that the role of the courts is not to adjudicate on political disputes.

"I fear that recently a lot of people are simply looking at the results of certain cases, and then attribute the results – which obviously they’re unhappy about – to the political background of the particular judge or the system," he said.

"I think that is quite wrong and indeed very dangerous in these times when, I think, internationally a lot of people are looking at Hong Kong under a microscope to see whether or not we can maintain our judicial independence."