Foreign interference in Hong Kong’s judiciary “deplorable”

Mark Pinkstone/Former Chief Information Officer of HK government

The arrest and subsequent trials of Apple Daily publisher Jimmy Lai and radicals involved in riots in 2019-20 have been used to weaponize Hong Kong’s judicial system.

The Chief Justice, Andrew Cheung, hit out at critics undermining the rule of law in Hong Kong during the opening of the Legal Year on Monday by describing the politization of the Court as “deplorable”.

He was referring to the resignation of Judge Jonathan Sumption who wrote in the Financial Times on June 10 last that "Hong Kong, once a vibrant and politically diverse community is slowly becoming a totalitarian state. The rule of law is profoundly compromised in any area about which the government feels strongly," This, of course, was the weapon the China/Hong Kong hawks needed to degrade our legal system.

Other judges said they resigned for personal reasons, and this may well be the case. They are an ageing lot and came out of retirement to serve in Hong Kong.

Article 85 of the Basic Law specifically guarantees that the judicial power shall be exercised independently and free from any interference. These are not a mere form of words, but a constitutional mandate that has always been and continues to be vigorously upheld by our judicial system.

Judges, far from being designed to serve political ends, are bound by legal principles. Courts are not arbiters of public opinion, nor are they an extension of the prosecution authority; they are, above all, guardians of the law. Their decisions are reasoned, published, and subjected to appeal. It is through this process that the rule of law is upheld.

The presence of overseas judges, said Cheung, has long stood as a symbol of Hong Kong's commitment to legal excellence and judicial independence. It is unfortunate that a few of these judges have felt unable to continue their service. They are, of course, entitled to their views, and their decisions ought to be respected. However, their premature departures does not mean a weakening of the quality or independence of the Judiciary. It is true that, given the current geopolitical headwinds, recruiting overseas judges with the right stature and experience may be less straightforward than it once was. Overseas judges are appointed to our highest court on account of their acknowledged eminence and legal expertise, not merely to sustain the system of overseas judges for its own sake. Still, as the Court of Final Appeal continues to include both highly esteemed overseas and local non-permanent judges, and their continued participation, speaks to the enduring strength and resilience of the Court.

Despite the number of resignations, one must not overlook that Lord Neuberger, the former President of the Supreme Court of the United Kingdom, has agreed to extend his term for three years from March 1, 2024; and Justice Allsop, the former Chief Justice of the Federal Court of Australia, was appointed for a term of three years from May 24, 2024. And most recently, Lord Hoffmann, the longest serving foreign judge was first appointed back in 1998, has been reappointed for another three years from January 12 this year.

The judges have been severely criticised by their respective governments for serving in Hong Kong and following the rules laid out in the national security laws. These laws are precisely the same as their own and have been adapted into Hong Kong’s local laws, a hybrid of the British local system.

They have also come under pressure from their peers. Many judges, like Sumption, are members of the British House of Lords and are undoubtedly influenced by fellow lords, including Lord Chris Patton and Lord David Alton, both patrons of China Watch, a rapid anti-Hong Kong/China group hell-bent on destabilising Hong Kong.

The historical rationale for the presence of overseas judges in our highest court is clear. In the 1990s, Hong Kong lacked senior judges with experience at the final appellate level. Pre-1997 these were held in London by the Privy Council, selected from the House of Lords. This posed a challenge for filling the judicial positions to be created following the establishment of the Court of Final Appeal in 1997 to replace the Privy Council in London as Hong Kong's ultimate appeal court. The appointment of distinguished overseas jurists as part-time, non-permanent judges to our highest court therefore addressed the inevitable shortfall and served the further purpose of instilling confidence in Hong Kong's judicial system in the post-1997 era.

Secretary for Justice, Paul Lam SC, weighed in with anyone who intimidates judges handling national security cases or interferes with the relevant judicial proceedings in whatsoever manner cannot be genuinely concerned about the rule of law in Hong Kong.

“Over the years,” he said, “the contributions of these overseas judges to the work of the Court and to the upholding of the rule of law have been immense and have been rightly recognised. During this same period, through the efforts of many, the Court of Final Appeal has firmly established itself as a prominent final appellate court within the common law world.”

In the 2024 World Justice Project Rule of Law Index, Hong Kong remained unchanged as it continued to rank sixth in the East Asia and Pacific region and came 23rd out of 142 countries and jurisdictions globally.

One of the difficult tasks of the appeals judges is defining free speech, the defence used by appellants, and opinion. Many journalists and academics write opinions on current affairs in newspapers and other media, often criticizing the administration. This is known as fair comment. However, others write with false claims in the name of free speech and if it is aimed at a person or corporation, the author can be sued for slander or defamation of character. If it is written against the government, there is little government can do except issue a rebuttal. And this is where the national security laws comes into play.

These laws apply in all countries, not only Hong Kong. Hong Kong has had serious experiences in the misuse of opinion as free speech where it instils hatred against the administration and misunderstanding of the law, resulting in many cases being brought before the courts on charges of subversion.

The national security law has brought peace and stability to Hong Kong and Hong Kong is safer than most places in the world with our legal system being untouchable.

Mark Pinkstone

** 博客文章文責自負,不代表本公司立場 **

Mark Pinkstone/Former Chief Information Officer of HK government

Hong Kong is clawing back to its former crowning glory as a world tourism destination with preliminary arrival figures for 2024 showing a healthy 40 million visitors, a 31 per cent increase compared with the previous year.

But it still has a long way to catch up with the world leader, France, which received 80 million visitors last year.

According to the Hong Kong Tourism Bureau, Hong Kong welcomed about the 40 million visitors, the majority of whom came naturally from the mainland (domestic tourism) and Southeast Asia (international market) which showed a 44 per cent increase over the previous year. And, collectively, they added some HK$207.3 billion to the city’s coffers.

As Hong Kong enters the Year of the Snake, the future looks bright and with a modest 15 per cent expected increase the city can expect some 46 million visitors spending $240 billion on hotels, tours and shopping this year.

In days, not so long gone by, Hong Kong was one of the world’s leading tourist destinations. It was known as the Pearl of the Orient and was a mixture of the East meeting the West. With English being the lingua franca of the tourism industry coupled with the provision of excellent service and efficiency, Hong Kong became the destination of choice. In 1965, it received 65.5 million visitors, the highest on record. In May 2023, Hong Kong was hailed as the Most Popular Cultural Tourism Destination at the Guangzhou International Travel Fair 2023.

The most popular attractions in Hong Kong are the Peak as Hong Kong’s number one tourist destination featuring the Peak Tower and the historic Peak Tram; Tian Tan Buddha (Big Buddha), as a major attraction on Lantau Island, along with the Po Lin Monastery and the fishing village of Tai O; the Hong Kong Skyline along Victoria Harbour, with nicely developed promenades and leisure parks on both sides; the Star Ferry with over 24,000 reviews; the Pandas at Ocean Park; and Hong Kong Disneyland as one of the world’s most beautiful theme parks, ranked 7th most popular globally by Forbes. And, according to Time Out magazine, Hong Kong is the world’s safest city, Hollywood Road is the world’s second coolest street, and Bar Leone is the best bar in Asia.

Then came 2019, Hong Kong became the target of insurgence attacks inspired by foreign powers. Riots broke out in the streets, and there were arson attacks and killings. No one wanted to visit Hong Kong. The flames of insurgency were fuelled by foreign governments advising their nationals not to visit Hong Kong for safety reasons. Quicky on the heels of the riots came COVID-19, and the world was in shut-down mode. By 2021, tourism was virtually obliterated with only 9,000 visitors and 60,000 the following year. Recovery started in 2023 with 23.34 million visitors.

As Hong Kong has no natural resources to sustain its viability, tourism has become a cornerstone of its economy. Another is trade.

It is therefore essential that the entire Hong Kong community extend a hand of welcome to our guests, for they are providing our bread and butter. Indifference towards our northern guests or towards various religious groups should not be tolerated. As a direct result of the problems of 2019-22, hundreds, if not thousands, of small and medium size enterprises (SMEs) have closed due to lack of business and their shops remain desolate among the survivors. The number of corporate bankruptcies (the number of winding-up orders) in Hong Kong in 2021 increased by 23.93 percent to 290, and a further increase by 3.44 percent to 300 in 2022. We have much to thank our visitors for: survival.

In his policy address last year, Chief Executive John Lee Ka-chiu said the government would release plans to invigorate the tourism industry. And in December, it did.

Known as Development Blueprint for Hong Kong’s Tourism Industry 2.0 (Blueprint 2.0), the document presents three key messages – that Hong Kong is an international tourist city with the advantage of being backed by the motherland; that everyone can contribute to the development of tourism in Hong Kong; and strengthen our traditional tourism advantages including world-class tourist attractions, cuisine, urban managements and transport systems.

The average length of stay by inbound visitors is approximately 3.6 nights, with the highest period of stay being 6.5 nights in 2021. Part of the new strategy will be to entice them to stay longer by providing value-added services and attractions.

It is a plan put together by the industry for the industry under an initiative by the government and with research input by the think tank, Our Hong Kong Foundation. The thoroughness that went into the Blueprint 2.0, including more than 1,000 suggestions from more than 110 trade organisations indicates the passion in which the industry and the government can work together for the betterment of Hong Kong and its people.