Courts not swayed by pressure to convict or acquit defendants in national security cases: Andrew Cheung

The Chief Justice emphasized that Hong Kong courts will not "blindly" convict all defendants or impose the maximum punishment without just cause, as they "will not yield to any pressure to convict or acquit, nor pay heed to harassment or threats of any kind."

The chief justice of the Court of Final Appeal, Andrew Cheung Kui-nung, has clearly stated that, like all other types of criminal cases, the courts will fully respect all fundamental rights in administering justice strictly and fairly in national security cases.

In his speech at the Ceremonial Opening of the Legal Year 2024, Cheung pointed out that the Judiciary works have often been viewed through the prism of the National Security Law in the past few years. 

"This way of looking at things necessarily results in a very narrow or even distorted picture of the breadth and width of our judicial work, and more generally, the state of the rule of law and judicial independence in Hong Kong." 

He said it is perfectly acceptable for the public to comment on or criticize the judges' decisions or their reasoning when courts make decisions that are controversial or not to the liking of some, but it is not helpful to the well-being of the common law system if people failed to separate a court decision from the Judiciary as an institution.

"When a court makes an unpopular or even wrong decision, it does not follow that the justice system or the Judiciary is malfunctioning or requires some reform and changes," Cheung noted. "The system of appeals exists precisely to rectify errors and clarify legal issues."

He added that if a decision happens to be against the government, it is legitimate for the government to take the matter to the appellate court, just like all other litigants. 

"This is how our justice system has always, and will always, work."

He added that threats of sanction or reprisal against judges for simply discharging their judicial duties are "repugnant to the rule of law and fundamentally objectionable."

The Chief Justice also mentioned the importance of recruiting and retaining the legal and judicial talents to sit in courts and looking forward to seeing more encouraging responses from the members of the legal profession to apply to become district judges or even High Court judges.

Cheung also thanked the government for agreeing to designate the Queensway Government Offices site - next to the current High Court Building - for the construction of a new High Court complex and added that a new District Court complex in Causeway Bay will be completed and open for use by 2027.

The government spokesman announced Monday that the existing offices in the Queensway Government Offices would be gradually relocated to the Northern Metropolis and other locations. At the same time, the Development Bureau will review the specific use of Site 5 of the new Central Harbourfront originally earmarked for the relocation of the High Court Building.