Recently, the United States and the United Kingdom have launched a new Hong Kong-bashing campaign as part of Washington’s geopolitical strategy against China. Many in the West dance to its tune.
For example, at the opening ceremony of the legal year in the United Kingdom recently, Sam Townend, chair of the Bar Council of England and Wales, took a swipe at the rule of law in the Hong Kong Special Administrative Region, going so far as to claim that the HKSAR’s rule of law is gradually being replaced by coercive rule and the arbitrary and unchecked power of the executive.
Nothing could be further from the truth. The rule of law in Hong Kong is rock solid, and the independence and impartiality of the Judiciary is highly recognized by the international community, and this is obvious to all who are not politically biased, as evidenced by the city’s high assessment in global ranking indexes. Townend, as a member of the legal profession, should have respected both plain facts and the rule of law, and assessed the actual situation in Hong Kong objectively.
Regrettably, he blatantly made untruthful remarks in an attempt to mislead the international community about the rule of law in Hong Kong, in total disregard of the objectivity and professionalism required of a legal professional. He made no attempt to distinguish himself from those Western politicians who have a cause to denigrate the HKSAR and China as a whole. They all prioritize politics over facts.
The rule of law in Hong Kong is rock solid, and the independence and impartiality of the Judiciary is highly recognized by the international community, and this is obvious to all who are not politically biased, as evidenced by the city’s high assessment in global ranking indexes. Sam Townend, as a member of the legal profession, should have respected both plain facts and the rule of law, and assessed the actual situation in Hong Kong objectively
Hong Kong’s rule of law is guaranteed by a solid constitutional and legal system, with the Basic Law serving as its backbone, which was enacted in accordance with the Constitution of the People’s Republic of China, and which confers on the HKSAR independent judicial power and the power of final adjudication.
Article 85 of the Basic Law stipulates that the courts of the HKSAR shall exercise judicial power independently, free from any interference, and that members of the Judiciary shall not be held liable for any act done in the performance of their judicial duties.
Judges at all levels in the HKSAR have always been guided by the spirit of fearlessness, impartiality, selflessness and equity, and have played an important role in upholding the rule of law, fairness and justice, as well as safeguarding national security in Hong Kong, thus winning wide appreciation and respect of Hong Kong society and the international community. Judgments handed down by Hong Kong judges are frequently cited by courts in other common law jurisdictions.
The rule of law in Hong Kong is recognized by the international community, as evidenced by the fact that Hong Kong has remained preeminent in global rankings since the 1997 handover.
According to the Worldwide Governance Indicators published annually by the World Bank, Hong Kong’s rule of law score was 69.85 in 1996 before the handover and has remained above 90 since 2003.
According to the latest annual Rule of Law Index published by the World Justice Project, Hong Kong ranked 23rd out of the 142 countries and jurisdictions surveyed in 2023, which is higher than many Western countries.
The judicial independence and the robustness of the rule of law in Hong Kong are recognized by the international community, and there is no question of Hong Kong’s rule of law being gradually replaced by coercive rule and the arbitrary and unchecked power of the executive. The untruthful remarks made by Townend are nothing more than a rehash of the same old tune of biased British and American politicians.
In August, the UK witnessed its most serious anti-immigrant riot in more than a decade. The police cracked down on the troublemakers without mercy; the arrestees were denied bail; and the judiciary conducted speedy trials and handed down sentences to create a huge deterrent effect, thus helping to quash the rioting within a short period of time.
In doing so, has the UK’s rule of law been replaced by coercive rule and the arbitrary and unchecked power of the executive? Why didn’t Townend take issue with the UK’s practices in cracking down on rioters? His hypocrisy is there for everyone to see.
Five judges of the Hong Kong Court of Final Appeal earlier unanimously dismissed the appeals of seven appellants, including former media tycoon Jimmy Lai Chee-ying, in the case of knowingly taking part in an unlawful assembly on Aug 18, 2019, and upheld the original verdict. The nonpermanent judge, Lord David Edmond Neuberger, who engaged in the case, was criticized by former Hong Kong governor Chris Patten and The Independent newspaper in the UK.
Lord Neuberger rebutted such criticisms in a statement, emphasizing that the duty of a judge is to try a case in accordance with the law. Why didn’t Townend stand up for the rule of law, when Britain’s out-of-touch politicians and media were openly pressuring the judges?
Facts have proved that while the UK and the US have exerted political pressure on Hong Kong judges, a number of overseas judges have highly evaluated and affirmed the rule of law in Hong Kong, saying that the Hong Kong Judiciary has maintained a high level of excellence.
By jumping on the China-bashing bandwagon of Western politicians and denigrating the rule of law and the judicial independence of Hong Kong, Townend only disgraces himself.
The author is a law professor, director of the Chinese Association of Hong Kong and Macao Studies, and vice-president of the Hong Kong Basic Law Education Association.
The views do not necessarily reflect those of China Daily.