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Chief Justice Geoffrey Ma Tao-li speaks at the Ceremonial Opening of the Legal Year on Monday. He said that Hong Kong has a fearless and independent judiciary. Edmond Tang / China Daily

Ma reiterates integrity of law in HK, emphasizing independent judiciary

Both the chief justice and the justice secretary of the city reaffirmed that the Court of Final Appeal (CFA) is empowered to seek reinterpretation of the Basic Law from the National People's Congress Standing Committee (NPCSC), describing the move as "lawful".

On the sideline of the Ceremonial Opening of the Legal Year on Monday, Chief Justice (CJ) Geoffrey Ma Tao-li told the press that, "According to the Basic Law, the CFA has the power to seek reinterpretation of the Basic Law from the NPCSC."

Secretary for Justice Rimsky Yuen Kwok-keung also noted there is nothing irregular in seeking interpretation of the Basic Law from the national legislative body in the case of the right of abode.

The comments came after recent critics from the opposition camp, blasting the justice secretary's suggestion that the CFA follow standard procedure and approach the NPCSC for a clarification of the committee's 1999 ruling on the right of abode in Hong Kong.

The government's request that the CFA advance the question was made in the hope that the NPCSC's finding would clarify once and for all the prickly debate, over whether foreign domestic helpers have the right to permanent residency in Hong Kong once they have resided here for seven years. An even more difficult issue, however, underlies the question of whether children born in Hong Kong to mainland parents who have no legal right of residency in the special administrative region should automatically be granted right of abode, as Hong Kong's CFA had previously ruled.

Veteran political scientist and commentator James Sung Lap-kung told China Daily that the comments were made against a background of accusations that the city's courts would submit to the will of the NPCSC.

However, Sung stressed that seeking reinterpretation from the committee was not a violation of Hong Kong's judicial independence and in fact was simply good governance.

"The message sent out today is that the world need not worry about Hong Kong's judicial independence," Sung said.

"(Yuen) is well within his rights to seek an interpretation and it's a matter of good government that they explore all of their options. For something as potentially large as the city's right of abode laws, it's only prudent," he said.

Yuen has not called for a ruling from the NPC but has asked the national body for its opinion on the matter, Sung reiterated, even though the right to interpret the Basic Law is vested in the NPCSC.

At the same time, the chief justice also told a packed auditorium of local barristers and solicitors and visiting legal dignitaries from abroad on Monday's assambly that, "There is no doubt whatsoever in my mind, that Hong Kong has a fearless and independent judiciary."

Ma stressed, "I would also like to remind everyone of the fact that although the courts do on occasion have to deal with the legal questions arising out of political matters, the courts and their activities ought not to be politicised."

Ma added that while the courts take into account public interest when deciding cases, judges do not look to what the public or the government desires as the outcome of any given case when making their judgements.

Meanwhile, Yuen also told attendees that he has every determination to steadfastly uphold the rule of law including judicial indeendence.

"Whenever legal proceedings would bring about significant social, economic or political impact on our society, it is perfectly understandable that they would give rise to public debates," Yuen said, adding although freedom of speech should be respected, caution should be exercised, so judges could decide cases free from undue interference or pressure.

"Although controversies certainly deserve our proper attention and management, they should not be allowed to become obstacles preventing us from taking action that should have been taken in the best interest of Hong Kong," he said

tim@chinadailyhk.com

(HK Edition 01/15/2013 page1)