Bar Association says HK judges decide cases on law and evidence, not politics, after Jimmy Lai verdict

The Hong Kong Bar Association (HKBA), currently visiting Beijing, has reiterated that Hong Kong’s courts operate independently and that judges adjudicate cases based on law and evidence alone, without political considerations, in a statement issued in response to media inquiries following the Jimmy Lai verdict.

“As a matter of principle, the HKBA will not comment on individual cases especially when litigants may exercise their rights of appeal,” the association said.

It noted that the case is “the first decided case of Collusion with a Foreign Country or with External Elements to Endanger National Security” under the National Security Law (NSL) and said it is “of significant importance to the development of Hong Kong’s unique jurisprudence under the ‘One Country, Two Systems’ principle.” 

Emphasizing Hong Kong’s legal traditions, the HKBA said the city “is a jurisdiction which follows the common law system” and that “the legal system in Hong Kong has been operating independently.” It added that, when interpreting the NSL, the court applied common law principles, citing the reasons for verdict.

The association also underscored the role of the legal profession in safeguarding the rule of law, stating that legal practitioners in Hong Kong “have been independently and professionally discharging their duties to maintain the rule of law.”

On court procedure, the HKBA said most criminal trials—including the case in question—are held in open court, describing the process as “fully transparent.” It also highlighted the “cab-rank rule,” saying barristers representing litigants must follow the principle to ensure clients receive a fair hearing.

“Hong Kong judges will not consider any political considerations but adjudicate on the cases before them based on the law and evidence alone,” the statement said. It added that Hong Kong’s court structure includes the Court of First Instance, the Court of Appeal, and the Court of Final Appeal, and that “all litigants are entitled to the right of appeal as is appropriate.” 

Calling national security legislation an “important part” of “One Country, Two Systems,” the HKBA said it was confident the judiciary would continue to operate “independently” and “apolitically,” and “will not be affected by any external influence or external interference.”

It also urged the public and those concerned about Hong Kong’s legal system to read the reasons for verdict carefully and respect the city’s judicial process.