Ronny Tong 'flabbergasted' Over Judges' Concern

Executive councillor Ronny Tong said on Thursday that he was shocked by a report that some judges were concerned by proposed changes to the Fugitive Offenders Ordinance, and said many people would see this as undermining their professional objectivity.

"I was flabbergasted when I heard the news. I'm sure that many in Hong Kong, including members of our profession, would look at it as the betrayal of judges' professionalism and their commitment to uphold the neutrality and independence of the judiciary," Tong told RTHK.

"Just think about it," Tong said, citing hypothetical instances in which these judges had to preside over cases involving "either China, China-Hong Kong relationships or the Chinese judiciary."

"Are these judges going to be able to discharge their duties without fear or favour?" he asked, adding that it was understandable that judges had views, but they should keep them to themselves.

He stressed that judges would have the absolute power to refuse any extradition requests, and he also claimed that courts in Hong Kong could hold a full trial if necessary, without explaining how this would be possible.

Tong said Section 5 of the Fugitive Offenders Ordinance covered whether those being extradited would be treated fairly in the jurisdiction to which they were being transferred.

Under the proposed amendments, the Chief Executive would be able to initiate extraditions to any jurisdiction, including those Hong Kong does not have a formal agreement with.

Officials say the changes will close a loophole, but critics note that they open up the possibility of people being sent for trial on the mainland, and Tong said the final decision lay with the court.

"The judge has absolute power to say no (and) apply the law strictly and say 'no, I'm sorry this case involves an element which I feel uncomfortable (with) by reason of Section 5. I hereby refuse the extradition'", Tong said. "This is what judges do. This is their duty."

Chief Secretary Matthew Cheung and Chief Justice Geoffrey Ma have both said judges should refrain from commenting on political issues, after several judges reportedly expressed deep concern over proposals to change the extradition laws.

Neither would directly address a Reuters report which quoted anonymously several Hong Kong judges who expressed concern that they would face undue pressure when considering requests to extradite fugitives to the mainland.