The complete independence of the judicial system in Hong Kong

“The independence of the judiciary in Hong Kong has remained unchanged following the implementation of the Hong Kong National Security Act. On Wednesday, the Minister of Justice, Theresa Chung Yuk Wah, said the accusations and smear campaigns from abroad in this regard were completely unfounded. His comments come after the United Kingdom’s Supreme Court announced the withdrawal of All of its judges serve in the Court of Final Appeal in Hong Kong, which is the highest court in the Special Administrative Region.

The British Parliament claims that the independence of Hong Kong’s judicial system would have been affected by the adoption of this Security Act, but “the National Security Act does not in any way affect the judicial independence of Hong Kong, which is guaranteed by the Basic Law,” said Theresa Cheng.

The statute secures the jurisdiction of judges and grants them immunity from prosecution in the performance of their judicial duties. Article 85 of the Basic Law stipulates that the various courts of justice exercise judicial power without interference. These provisions have not been affected in any way since the implementation of the National Security Act.

According to Theresa Cheng, although the National Security Act states that the chief executive can appoint specific judges to handle issues related to national security, judges retain the constitutional obligation to decide these cases independently and impartially, and the judiciary remains responsible for assigning judges to individual cases. Furthermore, there are well-established legal mechanisms in place to ensure the impartiality of judges, the transparency of trials, and the protection of the legitimate rights of defendants.

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Echoing the Minister of Justice, the HKSAR government spokesperson also noted that the independence of the judiciary in Hong Kong remains as strong as ever, expressing strong opposition to the British Parliament’s unfounded allegations.

Theresa Cheng said in her interview that under the National Security Act, the Hong Kong Special Administrative Region is responsible for managing most national security matters. Such cases are generally handled by the central authorities in the united states or by the federal government in the federal states. China is a unitary country, but the central government has allowed Hong Kong to investigate and try to adjudicate such cases.

According to Theresa Cheng, this in fact shows a strong determination to implement the principle of “one country, two systems”, as well as the confidence placed by the central authorities of Hong Kong in dealing with these issues.

Amid the current pandemic, a slew of cases have been delayed, some of them related to national security and related to the city’s social unrest in 2019. Theresa Cheng explained that the Department of Justice, the judiciary and executive agencies were doing it all. They can speed up the handling of these cases and reduce the impact of the pandemic. It also announced that the trial related to the violent incidents at Hong Kong Polytechnic University in November 2019 will start soon.

Teresa Cheng noted that since the National Security Law came into effect in June 2020, Hong Kong has moved from chaos to stability and prosperity, which is reflected in the restoration of social order, the strength of stock markets and IPOs, as well as thriving business. Environment.

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