Why Hong Kong’s judges may be set for yet another stormy year in 2018
Cliff Buddle says after a year of controversies over high-profile rulings, 2018 will be even more challenging for the Hong Kong judiciary, with final appeals and new politically sensitive cases up for hearing. Which is why supporting its independence is paramount
At times, the reaction has been more akin to a football match. The view taken of this or that judgment has often seemed to depend on which side you support and whether your “team” is deemed to have won or lost the case.
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Careful scrutiny of the court’s reasoning has often been drowned out by political slogans and abuse.
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With football, any meaningful assessment can only be made at the end of the season. Similarly, the judiciary cannot be judged on a single case. And, when the year is viewed as a whole, there is little evidence to suggest the courts have been doing anything other than exercising their judgment independently, in accordance with legal principles.
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But this does not mean that all is well as we look ahead to 2018. There is a need for those involved in politics, both inside and outside government, to reflect on this year’s events.
The judiciary has come under pressure largely because of divisions in society sparked by the Occupy protests. The civil disobedience movement, which saw streets occupied for 79 days, led to many politically charged cases coming before the courts. The leaders of that movement are among those currently on trial.
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With that in mind, it is important to heed Mr Justice Geoffrey Ma Tao-li’s words at the opening of the legal new year. When he referred to the statue of justice, he said the blindfold symbolises the equal treatment of all by the courts, regardless of their status, the scales represent fairness and the balancing of different factors, while the sword signifies the power of the courts to impose sanctions and to strike down laws or government actions which are unconstitutional.
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As for the judges, Hong Kong expects them to continue to have the courage to decide cases in accordance with the principles represented by the statue of justice.
Given the political climate, they will probably need a shield as well as the sword and scales.
Cliff Buddle is the Post’s editor of special projects