I regret to say that the allegations made by Martin Lee in his Opinion column are all groundless and misleading.
Hong Kong has been successfully implementing the principle of “one country, two systems” since its return to China on July 1, 1997. While being an inalienable part of China, it enjoys a high degree of autonomy as authorised by the central government in Beijing and practises a different political and economic system.
The independence of our judiciary is enshrined in the Basic Law, Hong Kong’s constitutional document. The judicial system of Hong Kong is well known for its independence and top quality. The World Economic Forum ranks Hong Kong first in Asia for judicial independence. Unfortunately, Lee, who is an experienced lawyer, quoted examples that have been considered by the court to support his claim that the central government is “encroaching” on the affairs of Hong Kong. As evidenced in the judgments, our courts have administered justice purely in accordance with the law and evidence before it.
Demonstrators of the unlawful occupy movement in 2014 were prosecuted and convicted for their conduct, which overstepped the line permitted by the law including conduct involving violence. The outcome may not be welcome by some but it does not mean that judicial independence is in any way compromised. In the case against the three students, the Court of Final Appeal actually quashed the sentences of imprisonment substituted by the intermediate appellate court that ruled in favour of the review of sentence sought by the prosecution. It is firm evidence that our judiciary operates independently, free from any interference.
Contrary to Lee’s claim, in 2015, the government proposed a package to select the chief executive, the head of the Hong Kong Special Administrative Region, in 2017 by universal suffrage in accordance with the Basic Law. Unfortunately the proposal was not approved by the Legislative Council.
Bruno Luk
Director of the Hong Kong Economic and Trade Office in Singapore