Oz judge defends 'competent and independent' judiciary

Staff reporter

Hong Kong's judiciary remains "competent and independent," says Patrick Keane, one of seven remaining overseas non-permanent judges on the city's top court.

The Australian judge's comments came after recently resigned British Court of Final Appeal non-permanent judge Jonathan Sumption said Hong Kong is turning into a "totalitarian" regime and the rule of law is "in grave danger."

Speaking to the Australian Financial Review newspaper, Keane, 71, said Sumption is "entitled to take his views" but appeals are available in local courts, and the view that was taken by the court may or may not be overturned.

"One shouldn't condemn the system for failing to make the right call before the system has been allowed to work," he said.

Keane also said he can understand that people who have suffered an adverse decision in court "can feel adverse to the system."

He added: "Around the world, there are countries who strike the balance in different ways. In Hong Kong, the balance is struck in a particular way. It can be hard."

He said criticisms of different legal systems is often politicized, while adding that a red line for him would be if the government is pressuring the judiciary or refusing to accept the decisions of the courts, which he does not believe is happening.

''There can be a point it has been diminished to an effect that trials are show trials - from those I've spoken to they don't see themselves as conducting show trials,'' he said.

Critics have said calls from Beijing for the judiciary to be patriotic and direct criticism of decisions in political cases undermine the local system.

"Do you think it amounts to political pressure when news media in Australia criticize judges who give sentences they deem to be too short?" Keane said.

The newspaper said another Australian non-permanent judge, James Allsop, plans to "serve out his three-year term" that began last month.

Allsop and Keane are among seven overseas non-permanent judges on the Court of Final Appeal, which has been halved from the 14 overseas judges before the Beijing-drafted national security law was implemented in 2020.

The number will drop as Canadian non-permanent judge Beverley McLachlin has already told Chief Justice Andrew Cheung Kui-neng she will retire after her term ends on July 29 this year.

The State Council's Hong Kong and Macau Affairs Office last night accused Sumption of being "willing to become a political tool for his country's government and politicians."