Judiciary, Bar slam US lawmakers

The Judiciary and the Hong Kong Bar Association have condemned seven US congressmen who called for sanctions on national security law-designated judges and prosecutors, saying it is a "direct infringement" on the city's rule of law and judicial independence.

The seven US Republican congressmen are Vicky Hartzler, John Curtis, Mike Gallagher, Don Bacon, Young Kim, Michael Guest and Brian Fitzpatrick.

In their joint May 3 letter to US President Joe Biden, the congressmen urged Biden to impose sanctions on Hong Kong's Committee for Safeguarding National Security, designated national security judges and prosecutors "for materially contributing to the failure of China to meet its obligations under the [Sino-British] Joint Declaration."

In response, the Judiciary yesterday said the suggestion to impose sanctions on judicial officers was unacceptable as exerting improper pressure on them is "a flagrant and direct affront to the rule of law and judicial independence in Hong Kong."

A spokesman for the Judiciary added: "All judicial officers including NSL-designated judges must abide by the Judicial Oath to administer justice in full accordance with the law, without fear or favor, self-interest or deceit.

"Their constitutional duty is to exercise their judicial power independently and professionally in every case, including cases relating to national security, on the basis of the law and evidence, and nothing else."

The Bar Association said in a statement: "The Bar deplores and condemns in the strongest terms any attempts by anyone, anywhere, to interfere with the operation of Hong Kong's independent judiciary and the administration of justice in Hong Kong."

The association said it is of "fundamental importance" to the rule of law in Hong Kong and elsewhere that the Judiciary, judges and judicial officers can operate and exercise their judicial power independently and free from any interference.

"There can be no question on the integrity and independence of Hong Kong judges, whose selection, appointment and discharge of their constitutional role and duties are free from any political considerations and interference," it added.

The Department of Justice said the government "strongly condemns" anyone who blatantly urged so-called sanctions against government officials, judicial officers and prosecutors alongside attempts to intervene with the legal procedures of Hong Kong.

Any country trying to use "unilateral coercive measures" to suppress government officials or individuals and intends to intervene with the internal affairs and sovereignty of another country, is contrary to international law and the United Nation framework and violates the principle of nonintervention, it said.

Senior counsel Grenville Cross described the US congressmen's move as "a contemptible effort to intimidate legal officials in Hong Kong, including judges and prosecutors, and thereby undermine the rule of law."

Cross added: "If these congressmen think they can intimidate judges and other legal officials in Hong Kong, they are sorely mistaken as they are all independent, professional and committed to upholding the rule of law.

"These politicians should be defending judicial independence in Hong Kong, supporting its highly professional prosecution service, and not giving encouragement to lawbreakers."