Five good men and true? It doesn't inspire confidence

Depressing though it might be, for lawyers to acknowledge the political situation of any state is more important than the law. Respect for the "rule of law" within any system is dependent, even parasitic, on the prevailing political beliefs and the balance of powers within that system. Many states have wonderful-sounding constitutions, a legal document, but terrible regimes - a political reality.

Britain had a fairly high degree of respect for rights and law for many years, with hardly any written constitutional guarantees at all. All states are created out of the history of how they got where they are and the real politics of where that is.

Hong Kong is no different. We have a good legal system because of our colonial history.

But, that same history has resulted in flaws within the criminal justice system. In my view and, it seems, in others' too (see law professor Simon Young Ngai-man's words in "Call for increase in pool of jurors", May 10), the jury is a major concern.

Support or antipathy for the jury system and the extent of the use of juries is a matter of political and/or social opinion. On the whole, liberals, democrats and populists strongly favour the jury system and endeavour to support and extend it. Authoritarians, bureaucrats and those who are not confident in the ability of ordinary people to decide questions of fact are sceptical or hostile towards it. Conservatives can be confused here.

The jury is a tradition of common law dating back to the very roots of Scandinavian and British society, so it should be supported. On the other hand, juries sometimes make decisions that those in authority do not like, so the system should be treated with suspicion.