Many judges have lost sight of their traditional role as defenders of the liberty of the subject
The writer is a former overseas judge of Hong Kong’s Court of Final Appeal What is happening to the rule of law in Hong Kong? On May 30 Hong Kong’s High Court handed down a landmark judgment convicting 14 prominent pro-democracy politicians of “conspiracy to commit subversion”, contrary to the Beijing-imposed National Security Law of 2020. The accused had organised unofficial primaries to select a common list of pro-democracy candidates for the elections to the Legislative Council.
Second, every judge knows that under the Basic Law, if China does not like the courts’ decisions it can have them reversed by an “interpretation” from the standing committee of the National People’s Congress in Beijing. The “interpretation” that reversed the decision of the courts to allow former media mogul Jimmy Lai to be represented by UK counsel shows how far China will go in using this power against its opponents. Third, there is the paranoia of the authorities.
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