'CE Misleading Public Over Judge Appointments'

Lawmakers from the pro-democracy camp have accused Chief Executive Carrie Lam of misleading or lying to the public over remarks on her power to appoint judges to try national security cases.

Earlier on Tuesday, Lam tried to allay concerns about the independence of Hong Kong judiciary under Beijing's new security law, saying she will not just hand-pick judges for trials under the new legislation and will instead consult the Chief Justice before naming judges for such cases.

She then said people raising such concerns are ignorant as she has all along been appointing judges to different courts or tribunals.

Legal sector and Civic Party lawmaker Dennis Kwok accused Lam of being ignorant herself, and that she tried to mislead and confuse the public with the remarks on her power to appoint judges to try national security cases.

"In all the laws in Hong Kong, when you have a specialised tribunal, like the competition tribunal, you always have the chief justice, or the judicial officers recruitment commission (JORC) making the recommendations as to who will be sitting on that tribunal or the list of judges will be recommended by the JORC," he said.

"And then it is for the Chief Executive to accept that recommendation and to make that appointment," Kwok said.

"That has always been the case, and the reason that is the case is because we respect judicial independence."

Democratic Party lawmaker James To said Lam's claim was misleading, if not an outright lie.

To said having the Chief Executive designate judges she deems "trustworthy" to hear a certain kind of case would create "two systems" in the courts and deal a heavy blow to the rule of law.

He accused Lam of lying, saying that judges handling criminal cases are not designated by the Chief Executive and specialised courts do not handle criminal cases.

"All sorts of cases involving the adjudication of guilt or not, a trial, judge, or the trial judge will be designated by the chief justice for special cases," To said, adding "there is no judge appointed by the CE."