Geoffrey Ma Raises Concern Over CE-designated Judges

Former chief justice Geoffrey Ma has raised concerns about the “strange provision” of the national security law that allows the chief executive to appoint judges to oversee national security cases.

Ma made the comments during a webinar on March 9, following a question on whether the judiciary should always decide which judges decide which cases without interference from the executive branch.

In Hong Kong, the national security law gives the chief executive the power to designate judges – after consultation with the chief justice – to hear national security cases.

The theory behind the provision is presumably for the executive to ensure that the right judge handles cases considered highly important to national security, Ma said. But he added that this could be left to the judiciary itself.

“Of course, the judges are to be designated from the existing pool of judges,” he said. “So that is, I suppose an important protective measure to ensure that justice is done or seen to be done.”

However, Ma said many people regard this provision as “mighty odd”.

“Because that is part of the independence of judiciary to decide for itself, which judges will hear the case and not have somebody else whose angle or particular context may well be political or other interested aspect of it.

"So this is an important question as far as Hong Kong is concerned, where you had the strange provision of the designation of judges."

During his opening remarks at the webinar, Ma also called on lawyers and the bar to stand up for the rule of law and judicial independence, particularly in the face of public criticism.

He said judges can deal with informed constructive criticism, and even abuse, but criticism involving accusations of judicial bias cause difficulty.

“And this, of course, goes to the heart of the judicial process, the independence of the judiciary, and ultimately to the rule of law itself,” he said.

“Every community is entitled to expect and take for granted an independent judiciary. And, quite simply, when this is placed in doubt, the rule of law itself is undermined.”

Speaking about the situation in Hong Kong, Ma said he had detected extreme pressure in the past months, citing calls for the reform of the judiciary.

He said some criticism cannot be left unanswered, and it was up to the bar, lawyers, and the government so speak out.

“This is what I mean by speaking out for the rule of law because this is a sort of criticism that does actually undermine confidence in it from the ordinary man in the street, who takes an interest in this,” he said.