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Hong Kong Chief Executive Carrie Lam Cheng Yuet-ngor has accepted the recommendation of the Judicial Officers Recommendation Committee today (5th) and will appoint Ho Chi-yi as a non-permanent judge of the Court of Final Appeal in other common law jurisdictions with the consent of the Legislative Council. . He Zhiyi is a British citizen. He was born in Scotland in 1953. After graduating from the Law Department of the University of Edinburgh, he became a practicing barrister in 1983. In February 2020, he served as the Deputy President of the Supreme Court of the United Kingdom.
Carrie Lam Cheng Yuet-ngor said that after He Zhiyi accepted the appointment, the list of non-permanent judges from other common law jurisdictions in Hong Kong has increased to 14, and they are from the United Kingdom, Australia, Canada and other places. She pointed out that these non-permanent judges are prestigious in the judicial community. Joining the Court of Final Appeal demonstrates Hong Kong's judicial independence, helps maintain a high degree of external confidence in Hong Kong's judicial system, and maintains close ties between Hong Kong and other common law jurisdictions. Carrie Lam expressed her belief that these outstanding overseas judges with rich judicial experience will continue to be the unique advantage of Hong Kong's judicial system.
He Zhiyi
It is reported that when hearing and ruling on appeal cases, the trial court of the Court of Final Appeal consists of five judges. Since July 1, 1997, with few exceptions, when hearing substantive appeal cases, the Court of Final Appeal has selected a judge from the list of non-permanent judges in other common law jurisdictions to appear at the hearing.
Tong Jiahua, a member of the Hong Kong Executive Council who is a senior barrister, believes that although some overseas non-permanent judges resigned earlier, it will not affect the image of Hong Kong's judicial system. He said that after reading the judgment written by Ho Chi-yi, he is a pragmatic and analytical judge. He believes that when the Legislative Council handles relevant appointments in the future, most members will give top priority to the overall interests of Hong Kong and the importance of Hong Kong's judicial independence.
Tang Jiahua said that "some overseas non-permanent judges resigned earlier", which is the resignation of Australian judge Shi Juemin last month. Foreign media reported that it was related to the Hong Kong National Security Law. At that time, "speculator" member Kwok Rong-keng claimed, "If Shi Juemin resigns because of the Hong Kong National Security Law, I am worried that more foreign judges will leave or refuse to accept appointments in the future, which will harm Hong Kong's rule of law and Hong Kong's status as an international legal center."
Now Carrie Lam has appointed British judge He Zhiyi, which proves that Guo Rongkeng is taking the opportunity to hype and fan the flames.
Chen Jianqiang, President of the Hong Kong Professionals Association, pointed out earlier that although the Basic Law stipulates that the courts of the SAR can employ foreign judges, it has been more than 23 years since Hong Kong's return to the motherland. The central government has also implemented comprehensive control over Hong Kong, and Hong Kong's judicial system ranks even higher. At the forefront of the international community, and after Shi Juemin resigned, the number of overseas non-permanent judges is still as high as 13 (it was 14 after He Zhiyi took office). The number of is disproportionate to the permanent judges and local non-permanent judges, who each only have 4. Chen Jianqiang pointed out that we should take advantage of the Sy Kok-man incident to comprehensively review the role and composition of the non-permanent judges of the Court of Final Appeal, especially the arrangements for cases involving the constitutional order and national security of the SAR, so that the Court of Final Appeal and the overall judicial operation can be adjusted in a timely manner. With the times.
When the Shih Juemin incident first occurred, the Central News quoted analysis as saying that this was Carrie Lam's "dazzling sword" move against Hong Kong's foreign judges and even the judiciary. Looking at it now, it is also wishful thinking. The Hong Kong government has not yet spoken out about the hard issue of Hong Kong's judiciary, which has wasted this opportunity to reform Hong Kong's judiciary.
It must be pointed out that the various judicial chaos in Hong Kong that emerged during the "revision controversy" cannot be entirely attributed to foreign judges, but to problems in the entire Hong Kong judicial community. Lit Hin-lun, a former permanent foreign judge of Hong Kong's Court of Final Appeal, recently published an article "It's Time for Urgent Reform", reminding Hong Kong's judiciary not to distort the Basic Law, distort or even trample Hong Kong's laws like a lost lamb, and not to become a perpetrator of street violence. Defender.
Former foreign permanent judge of Hong Kong’s Court of Final Appeal, Mr Liet Hin-lun
You see, even former foreign judges can’t stand it anymore.
Direct News believes that Hong Kong’s current foreign judge system is a legacy of history, and it has also shown shortcomings. The performance of foreign judges in cases involving national security has been criticized.In the long run, the issue of foreign judges must be resolved, and delaying or turning a blind eye is not the answer. If we want to reform Hong Kong's judiciary, we might as well start with foreign judges.
There is always a hard nut to crack.
Wu Qiubei: The bottom line is the oath of allegiance for civil servants
Wu Qiubei, representative of the Hong Kong National People's Congress and president of the Federation of Trade Unions, posted on social media today (5th) that public servants must love the country and Hong Kong, be loyal to their duties, abide by the law, and be loyal to Hong Kong. Special Administrative Region, these are natural political requirements. Wu Qiubei said: "After the promulgation of the National Security Law, the civil servant team refused to take the oath. Why? Is there any exception for civil servants to be loyal? Allowing not to take the oath tacitly allows civil servants to cheat on others. In this way, civil servants have become synonymous with cheating."
Wu Qiubei
He emphasized , "political neutrality" cannot be an excuse to violate basic political requirements; freedom of assembly, personal political beliefs and inclinations cannot be a cover for violating allegiance. Being anti-central, anti-government, and anti-chief is a political attitude in itself. To describe betrayal as political neutrality is to be outright a coward who dares to act but does not act appropriately. The purpose of only talking about freedom and avoiding talking about it is to avoid being responsible for the decisions and actions made. "You can eat salted fish to satisfy your thirst. Since you can't let go of this government job, you have no right to pursue personal pursuits against the central government, the government, and the chief executive."
Wu Qiubei continued to point out that the SAR government has been slow to respond to its participation in riots and anti-government activities last year. The civil servants who protested also owed society an explanation when they punished them. He asked rhetorically: "What kind of public service team can tolerate the existence of blatant opposition to the chief minister, the government, the country, and the harm of national security? Is it cowardice and incompetence or has another agenda?"
Su Zhenchang politicized the Chen Tongjia case
Taiwan murder suspect Chen Tongjia was released from prison in Hong Kong in October last year for nearly a year after serving his sentence for money laundering. He has not yet left for Taiwan to surrender. Chen Tongjia recently expressed through a recording that he hopes to surrender to Taiwan within the month. Su Tseng-chang, the head of Taiwan's administrative agency, claimed today (5th) that Chen would not be allowed to "travel freely" in Taiwan. If he wanted to surrender, the Hong Kong and Taiwan authorities "would have a good talk." Su Zhenchang even openly stated, "There is no need for the Hong Kong government to push things around. We will handle everything in accordance with the law." Many experts and scholars criticized Su Zhenchang for politicizing Chen Tongjia's surrender case.
Huang Mingzhao, chief of the criminal police of Taiwan’s "Police Department", said that there is currently no contact with official channels in Hong Kong and Taiwan. In addition, Taiwan's legal department spokesman Chen Mingtang said in a telephone interview with Taiwanese media on Sunday (4th) that there is currently "zero progress" regarding Chen Tongjia's possible surrender in Taiwan.
The Security Bureau of the Hong Kong Special Administrative Region Government responded that Hong Kong has not established a so-called single window of contact with Taiwan, nor does it involve any evidence assistance. It calls on Taiwan to actively facilitate Chen Tongjia's surrender or surrender in Taiwan. The Hong Kong Special Administrative Region Government will, in compliance with the law, Provide feasible arrangements to assist Chen Tongjia in traveling to Taiwan.
In fact, Zhixin News mentioned before that since Chen Tongjia expressed his willingness to go to Taiwan to surrender, the DPP authorities have had repeated attitudes towards this. First, they claimed that "Hong Kong people are tried in Hong Kong" and asked the Hong Kong government to detain and prosecute Chen Tongjia. They also advocated that Chen Tongjia's surrender involved so-called "political manipulation" and even imposed restrictions on the entry of Chen Tongjia and the pastor Guan Haoming who persuaded him to surrender to Taiwan. After being widely questioned by public opinion, the Democratic Progressive Party authorities changed their words and stated that there were no restrictions on entry and that people could apply to Taiwan at the counter. The DPP authorities also advocated sending personnel to Hong Kong to escort Chen Tongjia to Taiwan for trial. This requirement to "bring people to Hong Kong" is obviously inconsistent with legal common sense and is a deliberate political maneuver to make things difficult for the Hong Kong SAR government.
