Judges and judicial officers must refrain from unnecessarily expressing in public, including in their judgments, any views on matters that are controversial in society or may come before the courts for adjudication.

Chief Justice Geoffrey Ma made the statement today concerning the Reasons for Sentence delivered by District Judge WK Kwok on April 24.

Mr Ma said judges have a responsibility under the Basic Law to exercise independent judicial power by adjudicating on cases fairly and impartially without fear or favour.

An important aspect of this is that judges and judicial officers must not be biased nor be reasonably perceived to be biased for or against anybody or causes, he added.

“For this reason, they must refrain from unnecessarily expressing in public, including in their judgments, any views on matters that are controversial in society or may come before the courts for adjudication. This is particularly so with political views of whatever nature.

“Where the resolution of an issue in a court case necessitates the expressing of a view by the court on a matter of political controversy, such view must be measured and go no more than is reasonably necessary to dispose of the issue at hand.”

Noting that non‑adherence to these principles may threaten public confidence in, and its perception of, the independence and impartiality of the Judiciary, Mr Ma said a judge or judicial officer who expresses in public unwarranted or unnecessary political views risks compromising the appearance of impartiality and ability to hear any cases in which one’s political stance may reasonably be regarded as relevant.

The Chief Justice also said that he spoke to and reminded Mr Kwok of the importance of the matters mentioned above in discharging his judicial duties.

“The Reasons for Sentence referred to earlier have caused controversy in that there is a risk that some reasonable, fair‑minded and well‑informed persons could reasonably take the view that the aforesaid principles may have been compromised in that a wrong perception was given. 

“Judge Kwok agreed with the Chief Justice. For these reasons, the Chief District Judge with the agreement of the Chief Justice has also decided that Judge Kwok should not for the time being deal with any cases involving a similar political context.”