Attacks on judges will only undermine our cherished rule of law
- The judiciary is going out of its way to explain rulings – in print and online – yet there are those on both sides of the political divide who continue to pile on the criticism despite the many layers in the appeals process
So politically divided is Hong Kong society that even the outcome of complaints against perceived bias in judges’ decisions in relation to social unrest cases are bound to trigger more attacks one way or the other.
It is good to learn that the judiciary will not shy away from criticisms and will provide summaries of selected decisions at lower courts to enhance public understanding of the reasoning and complaints against judicial conduct. This will, hopefully, strengthen confidence and support in the work of judges.
That it has taken an internal review to vindicate a judge accused of political bias in his decisions is to be regretted. The comments and rulings by Magistrate Stanley Ho Chun-yiu related to the defendants and police officers testifying in the six cases in question had not reflected bias, according to the judiciary report.
Complaints over two other cases have been set aside pending reviews of the sentences.
The outcome shows there is no evidence to say judges have ruled by personal preference rather than the law. But it did not stop critics from attacking the judiciary further. Some contend that it is a case of “judges investigating judges” and does nothing to dispel the perception of political bias.
Such a view does not conform with the well-established principles applied in the administration of justice. Indeed, the perceived bias often stems from the polarised political views in society. With the divide so deep and the backlog of cases so heavy, it would not be surprising if judicial officers continue to become targets of attack from politicians and others.
But it is imperative that they continue to rule without fear or favour. This includes weighing carefully the evidence presented in court and the reliability of witnesses. Depending on the nature, different cases will have different results.
This is all part of a fair and independent judicial process and must be respected whatever one’s political views. Those who attack judges and courts for political reasons must realise that they are doing a disservice to the administration of justice.
Hong Kong magistrate accused of protest bias cleared of wrongdoing
Judges are not above criticism. They do make mistakes from time to time. That is precisely why the aggrieved party can take their case to higher levels for review.
However, it is different from putting judges on public trial and internal review for their judgments and decisions. If the motive is to pressure judges to rule in a certain way, it is an abuse of the complaint mechanism.
The judiciary should try its best to help the public understand how its decisions are made. Publishing summaries of key rulings and the outcome of complaints will help.
Posting judgments and summaries on social media also helps. Hopefully, it will dampen unreasonable attacks and groundless complaints against judges.
