Rule of law to be upheld

January 5, 2021

Chief Justice Geoffrey Ma:

Many people have said that Hong Kong has changed - changed a lot recently - compared with before. Whether that is so or not, I'd like to think that the Judiciary remains stable and consistent in upholding the rule of law and abiding by those principles, and judges abiding by their judicial oath as I have mentioned. Our system of law hopefully provides the sort of stability which society often, certainly sometimes, needs.  

My hopes for the future centre around again the rule of law. It's been called the cornerstone of our community - indeed it is, and it should be respected. I hope the public will continue to have confidence in the rule of law, in our legal system. I believe most people, most of our community do respect and support the rule of law.  

I’ve said many times, I've said at the beginning that it's good to comment on the work of the courts, even in a negative way, even to criticise the courts, at the very least it shows an interest in the work of the courts, an interest in something which is important. But in order not to lose the respect and confidence of the people whom the law serves, it's important that any criticisms made, however strong, have a basis to them and that they are not made just because you’re not happy with a particular result. And sometimes we have a lot of cases which have political origins and those are the types of cases I'm specifically referring to. 

So as the Judiciary is concerned, there’s a lot of talk also recently about reforms. Whether there’s a need for reform, some people say there's a need for reform, others do so in perhaps strong terms. Our position - when I say our position, I'm referring to the Judiciary’s position - has all along been the same. If there's any room for improvement, we will pursue it, we will consider it. If there is any reform that is required, give us the details and we will consider it. But it's not particularly satisfactory if there's a call for reforms simply on the basis of a result that one doesn't like. One's got to do a little more than that in order to make good a case for reform. It is certainly not a good starting point or acceptable to say "I want reforms to ensure that I will always get the result which I want". So my hope for the future is the maintenance of Hong Kong's rule of law and that Hong Kong remains a society which is governed by the rule of law.

The Judiciary will continue to uphold Hong Kong’s rule of law, Chief Justice Geoffrey Ma said today.

Speaking to the media this morning ahead of his retirement, Mr Ma expressed the hope that Hong Kong will continue to be a society governed by the rule of law.

“Many people have said that Hong Kong has changed - changed a lot recently - compared with before. Whether that is so or not, I'd like to think that the Judiciary remains stable and consistent in upholding the rule of law and abiding by those principles, and judges abiding by their judicial oath.

“Our system of law hopefully provides the sort of stability which society often, certainly sometimes, needs.

“My hopes for the future centre around again the rule of law. It’s been called the cornerstone of our community - indeed it is, and it should be respected. I hope the public will continue to have confidence in the rule of law, in our legal system. I believe most people, most of our community do respect and support the rule of law.”

Mr Ma added that it is good for people to comment on or offer constructive criticism concerning the courts' work.

“At the very least it shows an interest in the work of the courts, an interest in something which is important.

“But in order not to lose the respect and confidence of the people whom the law serves, it's important that any criticisms made, however strong, have a basis to them and that they are not made just because you’re not happy with a particular result.”

The Chief Justice also said that the Judiciary is not against reform.

“Whether there’s a need for reform, some people say there's a need for reform, others do so in perhaps strong terms. Our position - when I say our position, I'm referring to the Judiciary’s position - has all along been the same. If there's any room for improvement, we will pursue it, we will consider it.

“If there is any reform that is required, give us the details and we will consider it. But it's not particularly satisfactory if there's a call for reforms simply on the basis of a result that one doesn't like. One's got to do a little more than that in order to make good a case for reform.”