Opinion

Hong Kong’s judges handling national security cases are beyond reproach and US sanctions threat against them is outrageous

The attack by US congressional advisers threatens to undermine judicial independence and amounts to an attempt to pervert the course of justice

Moreover, the threats to British nationals serving in the judiciary should be a grave concern to UK officials

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Judges attend the ceremonial opening of the legal year, at City Hall in Central, Hong Kong, on January 16. Photo: Sam Tsang

Grenville Cross SC is a criminal justice analyst, a barrister (senior counsel), and a life senator of the International Association of Prosecutors (IAP).

Published: 6:15am, 21 May 2023

On July 1, 2022, President Xi Jinping, on the 25th anniversary of the Hong Kong Special Administrative Region, put people’s minds to rest over 2047 (when the Basic Law’s “50 years unchanged” promise is due to expire). Having highlighted how the “judiciary exercises judicial power independently” and emphasised Beijing’s support for the city “retaining its common law system”, he said the “one country, two systems” principle “must be adhered to over the long run”.

This was hugely reassuring, given that the city’s legal system is, as generally acknowledged, fundamental to its success. In the World Justice Project’s Rule of Law Index 2022, Hong Kong was ranked 22nd out of the 140 places surveyed, ahead of the US at 26th, Italy at 32nd and Greece at 44th. This was no mean feat, and its judiciary deserves great credit.

It is, therefore, outrageous that the US Congressional-Executive Commission on China (CECC), which was created in 2000 and monitors China on behalf of the US Congress, has threatened the judiciary, one of the most professional in the Asia-Pacific region.