Geoffrey Ma issues statement
Criticism of courts and judges must be informed, solidly based and properly made. Otherwise, it would be detrimental to public confidence in the administration of justice and ultimately to the rule of law in Hong Kong.
Chief Justice Geoffrey Ma issued the statement today in view of the number of commentaries, opinions and criticisms that have recently been made in relation to various decisions of the courts and judges.
In the statement, Mr Ma said there must not be a politicisation of the Judiciary and its functions.
He explained that the constitutional duty of judges, in the exercise of judicial power, is to strictly apply the law and nothing else and that such duty does not involve judges deciding political matters or controversies.
It follows that judges must therefore not be influenced by political considerations of whatever nature, Mr Ma added.
Special attention is devoted in the statement to the topics of bail, sentencing and appeals and reviews.
It pointed out that these are facets of a criminal case that have attracted some comment, opinion, and criticism, but it is important that these should be informed and understood in the light of the proper context.
The role and responsibilities of the Secretary for Justice, as representing the public interest in the prosecution of crimes, must also be properly understood.
Mr Ma emphasised that judges must be impartial and when they are not, there can be redress by way of an appeal or review, or an application for recusal can be made.
Complaints can also be made to the Judiciary under an established complaints mechanism.
Click here for the full statement.