Designated judges for national security trials not selected with regard to politics: Grenville Cross

Designated national security judges are selected without regard to politics but because of their qualities and expertise, former director of public prosecutions Grenville Cross said. 

At a forum organized by the Law Society of Hong Kong on Tuesday, Cross defended the appointments of designated judges. 

"Every designated judge comes from the existing judicial ranks, and will already have established his or her credentials," Cross said. "The Basic Law further stipulates that judges and other members of the judiciary shall be 'chosen on the basis of their judicial and professional qualities.'" 

He added that all judges designated to handle national security law (NSL) cases will have been carefully vetted by the Judicial Officers Recommendation Commission (JORC) before they were first appointed to the judiciary.

"There is certainly nothing new in choosing 'horses for courses,' and when the Chief Executive designates particular judges to handle national security cases, because of their impeccable credentials, there can be no legitimate concerns." 

Cross continued that there has never been a right to trial by jury in Hong Kong and most cases are tried without a jury. "The Hong Kong National Security Law recognizes that circumstances can arise whereby a jury trial is not in the interests of justice," he noted. 

Cross also said the use of three-judge panels has not affected the fairness of the trials and hit back at those who criticized the arrangement, saying they were unfamiliar with developments in other common law jurisdictions. 

At the forum, Secretary for Justice Paul Lam Ting-kwok said the city's low taxes will continue attracting foreign investors. He believes that Hong Kong will maintain its position as a leading international financial hub in the safe social and business environments upheld by the NSL.

Deputy Secretary for Justice Horace Cheung Kwok-kwan also said the enactment of the NSL is in line with the international practice of safeguarding national security and the sovereign rights of each state.