'CE Choosing Judges A Blow To Judicial Independence'

The Bar Association’s vice chair, Anita Yip, says judicial independence will be seriously encroached if the Chief Executive is given the power to appoint judges to national security cases.

She made the comment on Saturday after Xinhua News Agency revealed parts of the draft law, stating, among other things, that the CE can name serving or former magistrates or judges from any courts to try national security crimes.

Yip said this is an unprecedented encroachment to judicial independence.

“I have faith in the judiciary in Hong Kong, and I have faith in the integrity of the judges. But that is not enough,” she said.

“For a system to continue to gain the faith and to assume the faith of the people, you’ve got to apply it in accordance with the system,” she told RTHK’s Maggie Ho.

For the CE to name judges is “very disrespectful to the judiciary independence which has always been cherished in Hong Kong”, Yip said.

She also raised concerns that the proposed law will take away power of the local court, after Xinhua cited the draft saying the power to interpret the law is vested in the National People’s Congress Standing Committee.

“This is also something which has previously been written or been acknowledged that the local court can do but which no longer can do,” said Yip.

The fact that Beijing will appoint a consultant to a national security committee to be headed by the CE will also take a toll on the SAR’s high degree of autonomy, Yip said.

She added authorities must explain whether this consultant will also give advice to the prosecution in relation to national security crimes.

“If this is the case, definitely in my humble opinion, it may encroach upon the autonomy of Hong Kong”.

Under the draft law, election candidates or public officers must swear allegiance to the Basic Law and the SAR.

Yip said the provision may be open to abuse as definition of “national security” is “very, very wide in China” and there’s the possibility that those who oppose the government may be criminalised under political considerations.