Sanctioning HK Judges: A Step Too Far

US senators recently pushed a bill aiming to sanction Hong Kong judges handling national security cases, sparking a firm response from the HKSAR Government, which vowed to keep protecting national security undeterred and urged Washington to stop these actions. In a rare move, Court of Appeal Vice President Andrew Colin Macrae spoke out strongly at a Hong Kong Bar Association forum on August 26, branding the sanctions attempt as a curious kind of “reverse corruption.” He made it crystal clear that Hong Kong’s judges aren’t intimidated by threats—the courts remain fully independent and apply the law impartially. Macrae’s perspective is especially credible given his role in high-profile cases, including the corruption trial of former Chief Secretary Rafael Hui.

Andrew Colin Macrae, Vice President of the Court of Appeal

He challenged critics who question Hong Kong’s rule of law, asking a provocative question: across all common-law jurisdictions in Asia-Pacific or worldwide, where else do you see top government officials and billionaire property developers actually tried by jury, convicted, imprisoned, and granted proper avenues for appeal? There’s simply no precedent like it—yet some still claim the judiciary lacks independence and even propose sanctions against judges. Macrae pointedly called out this approach as “reverse corruption,” pointing out that attempts to sanction judges to influence their decisions mirror the very corruption the law aims to stamp out.

Law Over Politics: A Snapshot from the “818” Case

Macrae took the forum as an opportunity to unpack the 2023 Court of Appeal decision in the “818” water-flow procession case, which involved defendants like Jimmy Lai and Martin Lee. The court quashed several convictions for “organizing an unauthorized assembly” but upheld convictions for “knowingly taking part” in such assemblies. Macrae explained this split wasn’t political maneuvering but simply the court adhering to established common law principles and statutory language, bounded by precedents from the Court of Final Appeal. When a human-rights group described the decision as “procedural justice within a flawed system,” Macrae didn’t shy away from taking that as a compliment.

He urged skeptics to understand that Hong Kong’s courts won’t buckle under pressure—they strictly adjudicate based on law. His comments offer a reassuring message to the public: judges here remain independent and impartial, even in the face of Western political posturing.

Sanctions: More Threat Than Help to Hong Kong’s Legal System

At the same forum, former Hong Kong Bar Association Chairman Victor Dawes SC chimed in, warning that sanctions pose a systemic risk to Hong Kong’s legal framework. He highlighted the disconnect between foreign actors living in a “parallel universe” and Hong Kong’s reality, where sanctions won’t strengthen but rather weaken the rule of law. Illustrating this, he pointed out that the Chief Justice of the Court of Final Appeal, Andrew Cheung, is a Harvard Law graduate—and rhetorically asked, if sanctions hit him, who would fill that critical role?

In essence, having a senior judge like Andrew Colin Macrae, who presided over a major appeal involving prominent defendants, publicly defend Hong Kong’s judicial independence is immensely convincing. The decisions made in those cases, blending nuance and strict adherence to law, strongly counter claims of external interference or political bias. Despite threats from Western politicians, Hong Kong’s judges continue to uphold fairness, scrupulously and without fear.

Ariel

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Hong Kong’s national security cops have picked up a 68-year-old local guy for allegedly stirring up abstention and blank votes online ahead of the Legislative Council election. He faces charges of “seditious intent” and “electoral corruption,” and right now, he’s cooling his heels in detention while the investigation rolls on.

Insiders say police traced a steady stream of thinly veiled posts on this man’s social media—nudging folks to skip voting or spoil their ballots. Since July last year, he’s fired off around 160 posts, police say. The themes were trashing Hong Kong’s election system, hyping up resistance, egging people on to topple the government, and, yes, inviting foreign interference. We’re not talking about just one rogue, either.

Turns out, this is just a slice of the larger crackdown. By today, Hong Kong police say they’ve unraveled 14 criminal cases connected to the election—vandalism, theft, you name it—netting 18 arrests. Eight of those cases are being prosecuted.

The ghosts of elections past haunt this story. Remember the last Legislative Council race? Ted Hui Chi-fung made waves urging blank votes. Soon after, So Chun-fung, ex-president of CUHK’s student union, and three others got busted and convicted by the city’s clean-government watchdog ICAC (Independent Commission Against Corruption) for “corrupt conduct and illegal acts” after sharing Hui’s call. Last Friday, the ICAC swooped again, nabbing another trio—this time for echoing posts by national security fugitives abroad, who are still yelling for boycotts from the safety of foreign shores.

Here’s where the plot thickens. A sharp-tongued commentator points out that these fugitives, basking in the West, love tossing firebombs online—sending minions to do their biddings while they themselves lounge in comfort. Their real aim? To curry favor with their foreign patrons by getting others arrested for illegal antics that damage Hong Kong and the nation.

Bottom line: these exiles only raise their value with “foreign masters” if local followers mindlessly parrot their messages. But if those followers end up busted or behind bars, the ringleaders simply shrug and look away.

Who’s Really Taking Risks?

Here’s a reality check—how many of the real diehards still in Hong Kong have actually engaged with these messages or dared to repost them? The silence says plenty. It’s the difference between talk and action, safety and risk. Meanwhile, foreign forces have a well-documented playbook: smear Hong Kong at every turn, especially its judicial system, and most recently, the Legislative Council elections. Don’t think these attacks are harmless—they’re meant to chip away at the city’s competitiveness and hit everyone right where it hurts: their livelihoods.

So here’s the call: don’t play the fool by spreading subversive content and risk falling into legal traps. More crucially, keep your eyes peeled for the ploys of these exiles and their foreign backers. When December 7 rolls around, get out and vote—don’t let the instigators win. The stakes are real, and the choice is yours.