'Chinese Constitution Key To Hong Kong's Status'

Justice Secretary Teresa Cheng said on Monday that the Constitution of the People's Republic of China and the Basic Law are important to Hong Kong, adding that even the top court in the SAR has clarified this.

Speaking at the start of the legal year, Cheng said the Court of Final Appeal has put it on record that the "HKSAR was established by the National People's Congress (NPC) pursuant to Article 31 of the Chinese Constitution".

She said the court on another occasion also reminded people that the Basic Law is a national law made by the NPC by powers conferred on it by the Chinese Constitution.

Cheng said the reality that the "PRC Constitution and the Basic Law together form the constitutional basis of the HKSAR cannot be seriously disputed, whether as a matter of law or fact".

The justice secretary also highlighted the importance of common law to Hong Kong. But she pointed out that in earlier observations, courts had noted that common law has to evolve to suit the circumstances of the SAR and the law here should be developed along a different line from that in Britain.

"Bearing in mind these basic jurisprudential notions allows us to appreciate the beauty of the common law – the ability to adapt to evolving circumstances in the development of a legal system that tailors to what is asked of it given the social, cultural and economic fabric of our society," Cheng said.

The secretary said under common law, detailed reasons, including the legal analysis and findings of fact, are set out in the judgements. "Unfortunately, we have seen totally baseless, arbitrary and even malicious attacks on some of our judges simply because the outcome of particular cases was not to the liking of those making the attacks," she said.

She said such attacks will not be tolerated and action will be taken against offenders if proof is available.

The chairman of the Bar Association, Philip Dykes, also warned that unwarranted attacks on judges could have a corrosive effect on the public's trust in the judiciary if they're not rebutted promptly and effectively.

He said the Bar itself is no stranger to criticism when it speaks out on controversial issues.

The president of the Law Society, Melissa Pang, meanwhile, urged members of the public to express their views in a rational manner.

She stressed that Hong Kong's judges, judiciary and legal system are "fiercely independent", and said the legal sector will continue to defend and maintain the status quo.