Chief Justice Andrew Cheung reaffirms judicial independence in HK

DotDotNews

/ Hong Kong

Chief Justice Andrew Cheung reaffirms judicial independence in HK

Hong Kong

2025.01.20 18:25

Chief Justice Andrew Cheung delivered a speech emphasizing that judicial independence is the cornerstone of Hong Kong's rule of law. (DDN)

The Opening of the Legal Year 2025 was held on January 20, 2025, at Hong Kong City Hall. Chief Justice Andrew Cheung delivered a speech emphasizing that judicial independence is the cornerstone of Hong Kong's rule of law. Despite recent challenges, the Judiciary remains impartial and committed to its responsibilities.

Cheung highlighted that introducing the National Security Law and local legislation under Article 23 of the Basic Law has brought politically sensitive cases under public scrutiny. He stressed that national security cases are treated with the same legal principles as other cases, including the presumption of innocence, the requirement to prove guilt beyond a reasonable doubt, and the right to a fair trial. These principles are firmly upheld, as explicitly stated in Article 5 of the National Security Law and Section 2 of the National Security (Legislative Provisions) Ordinance.

Cheung explained that Hong Kong's rule of law operates under the unique constitutional framework of "One Country, Two Systems". National security laws reflect the "One Country" aspect, while the "Two Systems" principle allows courts to apply these laws in accordance with Hong Kong's legal system under the Basic Law. Balancing individual freedoms, collective security, personal rights, and national responsibilities is complex and requires careful consideration. He acknowledged that rulings in some cases may be controversial, and the interpretation of new laws may not always be straightforward.

Cheung also pointed out that Hong Kong's courts handle many cases beyond politically sensitive ones. The Judiciary's day-to-day responsibilities involve resolving disputes, protecting rights, and ensuring the city's proper functioning. Focusing solely on high-profile national security or public order cases provides a narrow view of Hong Kong's rule of law and judicial independence. He noted that the rule of law continues to work robustly across various legal domains, impacting the lives and activities of individuals, businesses, and both local and international investors.