Defend the rule of law

Updated: 2016-01-12 08:03

(HK Edition)

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While attending the Ceremonial Opening of the Legal Year 2016 on Monday, Secretary for Justice Rimsky Yuen Kwok-keung rightfully defended the city's rule of law in front of the city's legal elites.

As in past years, apart from the justice secretary, Chief Justice of the Court of Final Appeal (CFA) Geoffrey Ma Tao-li as well as the heads of the Hong Kong Bar Association and the Law Society of Hong Kong also delivered speeches in this annual exercise to attendees representing leading figures in legal circles.

Ma's speech was mainly a response to recent criticism by former Bar Association chair and retired CFA judge Henry Litton over the abuse of judicial review. But Yuen's remarks were intended to reinforce public confidence in Hong Kong's rule of law and judicial independence, which are facing some major challenges.

The gravest challenge in recent years was certainly presented in September 2014 in the form of the illegal "Occupy Central" campaign, during which some members of the legal sector chose to defy the law and boast about it. Late last year some people set off a minor explosion outside the Legislative Council Complex, an important symbol of the rule of law in Hong Kong.

Apart from these illegal and violent acts, there are also other controversial issues being manipulated to undermine public confidence, not only in the enforcement of local legislation but also the implementation of "One Country, Two Systems" enshrined in the Basic Law. The most obvious examples are the disappearance of five members of a bookstore in Causeway Bay and the co-location of immigration and customs facilities at the West Kowloon Terminus of the Express Rail Link.

Yuen did not blame anyone for arousing public concern over the case of the missing bookstore staff - even in the absence of substantial evidence indicating mainland authorities were responsible. But it is clear that the case has been exploited by people with an agenda. These people want to mislead Hong Kong people into believing that "One Country, Two Systems" is being undermined along with the rule of law.

The other example Yuen cited was the co-location of border control facilities. This is a technical problem being blown up into an issue involving the "One Country, Two Systems" principle. Some people are again claiming the rule of law is being undermined.

The justice secretary did a good job in dispelling these accusations. Hong Kong people who cherish the rule of law should heed Yuen's call to stand up to such attempts at undermining the city's core values.

(HK Edition 01/12/2016 page10)