Elsie Leung Comes Out Against Barring Foreign Judges

A former Basic Law Committee vice-chairwoman says she doesn't believe foreign judges should be barred from hearing cases involving national security in future, and that a special court shouldn't be set up for such cases.

Elsie Leung was referring to a Reuters report on Tuesday that said foreign judges would not be allowed to sit on national security cases. The report had quoted people familiar with Beijing's plan to impose national security legislation on Hong Kong.

"Upon assuming office, judges have to take a judicial oath which requires them to uphold the Basic Law and to confirm allegiance to the sovereign central people's government and the Hong Kong SAR government," she said.

A resolution on national security is expected to be passed on Thursday by the National People's Congress in Beijing.

Speaking to reporters after appearing on an RTHK programme, she said the existing court system works fine. She also dismissed concerns that foreign judges may have a conflict of interest.

Leung also sought to allay concerns that speech alone won't be seen as endangering national security, unless it comes with an action, and used the example of someone calling for the Chief Executive to step down while throwing petrol bombs at Government House.

She said Nobel peace prize laureate Liu Xiaobo was jailed on subversion charges because he advocated changing the regime to a federal government in 'Charter 08' with other people.

On setting up a national security agency in Hong Kong, Leung said matters like this are never dealt with by local police in overseas countries, citing the examples of the CIA and FBI in the United States.

The former justice secretary also said she understands that Beijing's plan will draw local and international responses, but criticised the United States for interfering in Hong Kong's affairs, and said that she hoped the international community would wait for details of the law to be announced before commenting on it.

“Endangering national security is a very serious matter, we have to see which is the lesser of the two evils, and also that any measure for sanctions operate mutually. It not only harms Hong Kong’s interests but also harms US interests," she said.

Her comments come after the US Secretary of State Mike Pompeo said the Trump administration no longer regards Hong Kong as autonomous from mainland China, describing Beijing's proposed national security law as a "disastrous decision" that was "only the latest in a series of actions that fundamentally undermine Hong Kong’s autonomy and freedoms".