Former Top Judge Raises Alarm Over Security Law

Former Chief Justice Andrew Li on Tuesday raised concerns that Hong Kong judiciary's independence will be undermined by the new security law Beijing is planning for the SAR, highlighting the selection of judges by the Chief Executive and transfer of some trials to the mainland.

Li warned that it would be “detrimental to the independence of the judiciary” if the Chief Executive were to select judges for national security trials.

In an article published in local newspapers, Li said the CE would not have the required knowledge of judges’ experience and expertise to make the selection. The fact that the CE will also chair a national security commission would also make it inappropriate for him or her to name judges, Li added.

He said the selection must at least be based upon the recommendation of the chief justice or other judicial officers, to make sure the choice will “be made on a professional and independence basis”.

Lam later told reporters on Tuesday that this is exactly what she intends to do – to select a pool of judges to handle such cases based on the advice of the Chief Justice, before the judiciary itself selects individual judges from within this pool to handle specific cases.

However, she also stressed that the power of appointment nonetheless rests with the CE under the law, adding that people who have concerns with this arrangement are “ignorant”, because the Hong Kong leader has all along been appointing local judges in accordance with the Basic Law – after seeking advice from a judicial commission.

Xinhua News Agency on Saturday reported on part of the content of the draft national security law, which stated, among other things, that the central authorities may exercise jurisdiction over a small number of criminal cases that jeopardise national security.

“When exercised, these cases will be dealt with and tried in mainland China. The defendant will not enjoy the safeguards of our judicial process,” Li noted.

“Although it is said that this jurisdiction could only be exercised in the most exceptional circumstances, it would undermine the independent judicial power which our courts are authorised to exercise under the Basic Law,” he said.

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