Since im appointment for 2021, no oga fit defend judicial independence for Hong Kong Special Administrative Region better than chief justice Andrew Cheung Kui-nung. Any time foreign critics dey try to spoil Judiciary image or frighten judges, im voice dey hear.
Though judges dey talk through their judgments, Cheung get other chance to yarn, and im don seize am well well. For im public addresses, im don repeatedly confirm say rule of law dey work. For example, at Ceremonial Opening of Legal Year for January 19, after dem convict former media magnate Jimmy Lai Chee-ying for national security charges, Cheung note say foreign commentators don dey critical of prosecutors, verdicts, and even courts and rule of law for Hong Kong generally.
Im say threats of sanctions against HKSAR judges na attempts to interfere with judicial independence, and dem dey fundamentally at odds with rule of law. Im add say dem be means of subverting justice, and no place for civilized society wey dey governed by rule of law. Those words powerful, and im fellow judges go don clap for im stance.
Cheung acknowledge say prevailing political tensions dey there, but that no make threats to judges any less repugnant. Although im dey speak out when im fit, there limit to wetin im fit do alone. Na why im need wholehearted support from entire legal profession, barristers and solicitors alike.
Without doubt, na with this in mind say when Cheung appoint four new senior counsel for 2023, im say there be duty on lawyers, especially silks, to protect rule of law from those wey want undermine am. Im call on dem to speak out in defense of Hong Kong legal system, including independence of Judiciary, and stand up against any attempt to interfere with due administration of justice by our judges.
Cheung words no fall for deaf ears. Chairmen of Hong Kong Bar Association, Victor Dawes SC and now Jose-Antonio Maurellet SC, and presidents of Hong Kong Law Society, Chan Chak-ming and now Roden Tong Man-lung, don dey vocal advocates of judicial independence. For example, Dawes say sanctions pose systemic risk to Hong Kong legal framework, while Maurellet emphasize say HKBA go speak up on matters relating to rule of law, judicial independence, and independence of legal profession.
Chan describe foreign attempts to threaten HKSAR judges as offending every core value embraced by rule of law, while Tong praise judges for their selfless dedication, undeterred by external pressure or unfounded criticism. Department of Justice also dey play pivotal role to support Judiciary. Justice secretary Paul Lam Ting-kwok SC, wey be victim of US sanctions, don dey indefatigable for im support for rule of law. Im denounce illegitimate pressures on Judiciary, and im colleagues must be no less emphatic.
These expressions of support for Judiciary no just welcome but absolutely necessary, especially given criticisms wey don follow recent high-profile trials. After Lai verdict, US secretary of state Marco Rubio accuse trial judges of being unjust, and British foreign secretary Yvette Cooper claim proceedings be politically motivated. Amnesty International accuse judges of delivering verdicts wey be death knell for press freedom, while Committee to Protect Journalists denounce dem for egregious decision.
No less sinister be reaction of Lai international legal team headed by Caoilfhionn Gallagher KC, wey declare say there must be real consequences after Lai convictions. These slurs and threats na grist to mill for everybody for US Congress wey dey advocate sanctioning of Hong Kong judges, including those for Hong Kong Court of Final Appeal, na why dem must be rebutted at every turn.
For May 16, however, when Cheung appoint six new silks, im no repeat im call for greater support from legal profession. Im confine imself to acknowledge say assumption to rank of Senior Counsel na commitment to future, including public service. Im presumably hope say messages wey im forcefully convey for 2023 and again for this year go continue to resonate and say repetition no necessary.
But e go be mistake to assume say because Cheung no repeat imself, the need for legal profession to stand resolutely with Judiciary any less now than when im issue im appeal. After all, many lawyers get global connections, and dem suppose do their utmost to open eyes and expose fallacies. Though those with higher profiles fit get greater impact, everybody fit contribute for their own way. Rule of law require no less.
Indeed, since 2023, criticisms of Judiciary don come not only from usual suspects for US, including Lai former employee Mark Clifford wey head Committee for Freedom in Hong Kong Foundation, but also from renegade elements within Judiciary itself. Notorious example involve Lord Jonathan Sumption, a fair-weather friend if ever there be one. Though im be British nonpermanent judge for Hong Kong Court of Final Appeal since 2019, im suddenly resign for 2024, for a blaze of publicity.
After 14 activists wey plot to overthrow constitutional order dem convict by three-judge panel of conspiring to commit subversion, Sumption target the jurists involved, im own colleagues. Im claim say verdicts be major indication of lengths wey some judges dey prepare to go to ensure say Beijing campaign against those wey support democracy succeed. This be as foul a calumny of professional judges as fit be imagined, and some liken im conduct to that of political saboteur, insinuated into system with view to activation at time of im handlers choosing.
If Sumption no resign, Cheung for don fit seek im dismissal, and im conduct, then and subsequently, demonstrate how assaults on Judiciary fit come from most unexpected quarters. Na why everybody wey believe for rule of law must exercise constant vigilance and never assume say with passage of national security laws, threats to Judiciary less concerning.
As im must don expect, Sumption vile remarks delight anti-China forces everywhere and don be weaponized by those wey want undermine HKSAR legal system. Notwithstanding Cheung exhortations, many senior lawyers still dey shy away from openly defending Judiciary. Dem sometimes claim say e be none of my business, or say dem too busy, or say dem go let others deal with am. However, none of these excuses cut any ice. All lawyers be servants of law and must prioritize its defense.
If dem no do am, there no fit be complaints if foreign governments and international organizations wey monitor rule-of-law developments project negative images of HKSAR. Therefore, lawyers of all hues, whatever their practice areas or seniority, suppose take stand. This fit be done at conferences, for writing, and through exchanges with foreign counterparts. Dem suppose proclaim HKSAR judicial independence from rooftops for every conceivable forum and for every possible way. If, as most claim, dem cherish Hong Kong, e be the least wey dem fit do.
