The Court of Final Appeal permanent judge Kemal Bokhary expressed his views on the gloomy outlook of Hong Kong’s legal system.
The independent legal system in Hong Kong is one of our core values. Hong Kong’s legal system is being challenged, and proved by what Elsie Leung Oi-sie, Secretary for Justice of Hong Kong from 1997 to 2005, and was a member of the Executive Council of Hong Kong, said recently. She criticised the legal professionals in Hong Kong that they “have a poor understanding of and misunderstood the China central government-HKSAR relationship”. She was also reported to have said that if the judges had the correct and necessary understanding, mistakes would not have been made.
Despite the fact that the China central government has the right to (as written in the Basic Law), Hong Kong has the right to amend Basic Law. The crucial part of this debate is that “why would Hong Kong rely on China’s interpretation of law rather than doing the job itself”? After all, according to the Sino-British Joint Declaration, Hong Kong enjoys a high degree of autonomy, except in foreign and defence affairs which are the responsibilities of the Central People’s Government.
I will write more on this in coming days.