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In defence of Hong Kong's judiciary

Dennis Kwok says amid attacks on foreign judges, Hong Kong's common law tradition must be protected

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The common law tradition in Hong Kong must live on, which means embracing the international aspects of all that it brings. Photo: Sam Tsang

Among the three branches of government in Hong Kong, our judiciary has borne the brunt of recent attacks from Beijing and the local pro-establishment camp.

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In our legislative branch, not only does the current method of returning half the members from functional constituencies guarantee that a certain number of seats will be secured by the pro-establishment camp, the split-voting system also ensures that even as a minority, the pro-establishment/business sector still has a decisive say on legislative matters.

In contrast, with its long tradition of independence, the judicial branch has been firmly resistant to external interference of any kind and remained politically neutral throughout the past 17 years.

Recently, there have been attempts by the Democratic Alliance for the Betterment and Progress of Hong Kong and other pro-establishment groups to attack the judiciary, so as to undermine the authority and stature of the courts and judges.

The recent allegation by a DAB legislator that judges had "wrongly" released those "rightly" arrested by the police during the Occupy movement is one such example.

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On the occasion of the 25th anniversary of the promulgation of the Basic Law, there have been various forums and conferences reflecting on past experiences and future developments of the law. It is a pity that these have become occasions for expressing biased interpretations of the Basic Law and opportunities to further criticise the judiciary.

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