Admin & Civic Affairs

Judicial independence protected: SJ

(September 16, 2015)

Secretary for Justice Rimsky Yuen says judicial independence is enshrined in the Basic Law which also set outs clearly the distribution of powers and the relationship between the executive, the legislature and the judiciary.
 
Mr Yuen told reporters today that Hong Kong judges adjudicate according to the Basic Law and common law, using the term "separation of powers" in some verdicts which, depending on the verdict's content and circumstances, would be referring to judicial independence.
 
Regarding criminal contempt proceedings against 17 Occupy protesters, Mr Yuen said the decision not to appeal against a court decision that ended the case against the activists was made after balancing all the relevant considerations of an appeal.
 
He noted that lodging an appeal can achieve the aim of clarifying legal issues, but such a course would delay the case against the 17 protesters adding more pressure on them, while he also had to consider the Secretary for Justice's role in respect of criminal contempt proceedings which differs from that in respect of ordinary criminal prosecutions.