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Judicial independence a reality and a priority for HK people
Judicial independence is not a privilege enjoyed by judges: it is a privilege of, and protection for, the people, the Chief Justice Sir Ti Liang Yang said today (Monday), at the ceremonial opening of the 1995 Legal Year.
He said Hong Kong had an excellent record in the past on this score which no one could take away and which everyone recognised needed to be preserved through 1997 and beyond.
Emphasising that judicial independence had not even been an issue in Hong Kong in his time, he said: "I am a living witness on that score. During my 39 years of service with the Judiciary, I have not been once approached by the Administration over the conduct of any trial before me. Nor have I heard from my colleagues of any such interference."
"As Chief Justice, let me tell you that I have never discussed with successive Governors any matter relating to a judicial decision. This is off limits to the Administration," he said.
Sir Ti Liang pointed out that in addition to the independence from the executive, another aspect of judicial independence, less understood in Hong Kong, was the independence of each judge from other judges, including the Chief Justice himself.
He said there was a public misconception that he can or should 'discipline' or 'correct' judges, which was not so except in the extreme sense of behaviour.
"There is a proper process of appeal," he said, "but outside that a magistrate or judge is, and must be, adequately powerful in his judgments. This power is symbolic of the rule of law and underpins judicial independence."
On the use of Chinese in courts, Sir Ti Liang said: "With July 1, 1997 only two and a half years away, this is an issue that needs to be tackled with a sense of urgency, pragmatism, flexibility, realism and determination."
He had appointed last September a steering committee under High Court Judge Patrick Chan to advise him on the overall implementation of the use of Chinese in the Courts.
The Chief Justice warned of the many practical difficulties facing the use of Chinese in the courts and allayed fears that a Chinese-only system would be imposed.