Court Remark On VIP Parade Riles Barristers

The Bar Association has expressed concern about a recent judgment in which a judge suggested the presence of prominent public figures in the public gallery may have been an attempt to influence the jury.

The comments were made by High Court Judge Andrew Chan as he revealed his reasons for discharging a juror in the second bribery trial of former Chief Executive, Donald Tsang.

Judge Chan alleged that prominent figures had been taken into the public gallery by Tsang’s public relations agent, and he believed the objective of that was to give the jury the impression that the former CE was a good person with broad support.

But in a statement, the association said Hong Kong residents have the fundamental right to a public hearing of a criminal offence – and this shouldn't be restricted without a very strong and compelling reason.

The association said it was concerned that the remarks could be seen to carry the implication that some people – because of their public profile or reputation – shouldn't attend criminal trials.

It also observed that the judgement didn't offer any evidence to substantiate the suggestion that PR professionals had organised the appearance of public figures at the trial in order to influence the jury.

Some of the figures named in the judgement have since come forward to say they attended voluntarily – not at the request of a PR firm.

The association said those who are accused should be given an opportunity to answer the allegations against them, noting that there was nothing in the judgement indicating that any party had been invited to do so.

The statement said jurors should be protected from threats and improper influence. If the judge suspects that is happening, the judge should look into the matter and notify the police and Department of Justice, the association said.