At the Ceremonial Opening of the Legal Year 2026 today, Chief Justice Andrew Cheung noted that the high-profile case of Lai Chee-ying had garnered criticism of Hong Kong’s courts and rule of law, but highlighted that the strength of the justice system lies in its adherence to the law and its openness to scrutiny.

In his speech, Mr Cheung outlined that the Court of First Instance recently concluded the criminal trial of Lai Chee-ying and his companies, resulting in their convictions for national security and conspiracy offences.

Mr Cheung made it clear that sentencing remains pending and appeals may or may not be forthcoming, adding that he will not comment on the merits of the case or make categorical assertions about the proceedings.

The Chief Justice said the Judiciary fully respects the right of individuals to express their views. However, any serious comment or disagreement intended to be taken seriously must be grounded in a careful reading of the judgment and a sincere effort to understand the court's reasoning.

“Any suggestion that a judge would compromise their conscience or integrity for political or other extraneous considerations when hearing a case is, by its very nature, a serious one that should not be made without cogent evidence. Bald and unsubstantiated allegations of this kind merely indicate that the criticisms may themselves be influenced by political or other extraneous considerations,” he said.  

“As to sweeping comments on the state of the rule of law in Hong Kong arising from the outcome of a particular case, many of us may be forgiven for growing weary of simplistic assertions that the rule of law is dead whenever a court reaches a result one finds unpalatable.

“The rule of law in Hong Kong is far more robust and enduring than the outcome of any single case. It cannot be that the rule of law is alive one day, dead the next, and resurrected on the third, depending on whether the Government or another party happens to prevail in court on a particular day. Such a claim needs only to be stated to highlight how untenable it is.”

As regards calls to halt proceedings or prematurely release a defendant based on reasons such as occupation, background or political causes, Mr Cheung stressed that no one is above the law.

“It should be emphasised that such demands not only circumvent the legal procedures established to ensure accountability under the law, but also strike at the very heart of the rule of law itself. A foundational tenet of the rule of law is that no one is above the law, regardless of their status, occupation, office, political affiliation, personal belief or conviction, popularity, wealth, connection, or any other characteristic. The law applies equally to all, without fear or favour.”

Also speaking at the event, Secretary for Justice Paul Lam pointed out that discussions on cases which are considered to be of public interest are generally permissible because of Hong Kong’s freedom of expression and freedom of the press.

However, he emphasised in his speech that these freedoms did not include making unfounded accusations against the integrity of the Judiciary.

“It is disappointing and frustrating, though not entirely surprising, that the Judiciary has been subject to such unfounded accusations due to judgments delivered in a number of highly charged national security cases last year and recently. Worse still, some of these accusations were misrepresented as facts and used as pretext to advocate imposing unlawful sanctions against judges involved in those cases, and to put illegitimate pressures on foreign non-permanent judges of the Court of Final Appeal to resign.”

Mr Lam added that he felt obliged to refute the unfounded accusations, to avoid undermining people's trust and confidence in the judicial system and the rule of law in Hong Kong.

He also noted that in considering the validity of any criticism that has been made against the courts in those cases, it is important that people should observe what happened in the course of the judicial proceedings and study the judgments in the cases.