Law Society Raises Concerns Over Right To Fair Trial

The Law Society on Wednesday expressed concerns that the coming national security law could affect fundamental human rights here – including the right to a fair trial – and allow the Chief Executive to interfere with Hong Kong’s independent judiciary.

The representative body for solicitors in Hong Kong issued a statement saying there’s an urgent need for clarification of the plan for local authorities to hand over some national security trials to the mainland in ‘exceptional circumstances’.

It said this suggests that people here may be subject to a judicial process “other than those administered by the HKSAR courts.”

“Queries are raised as to whether fundamental human rights including the right to a fair trial can be effectively safeguarded”, it said.

The group also expressed concern that allowing the chief executive to designate current or former judges or magistrates to handle cases concerning national security “would give the CE the power to oversee and interfere with the Judiciary.”

“That (or the perception arising therefrom) prejudices judicial independence. Judicial independence is a cornerstone of our justice system within a common law jurisdiction, and cannot be compromised.”

The Law Society said the longstanding convention that such appointments should only be made upon the recommendation of the Judicial Officers Recommendation Commission (JORC), should be maintained in the new legislation.

It also asked the Standing Committee of the National People’s Congress to consult all stakeholders, saying this would “engender confidence in the transparency of the legislative process for this important piece of law, and would ensure that the legislation is introduced and enacted in accordance with common law principles and the "One Country Two Systems" policy is complied with.”