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CJ confident of independent Judiciary
The Chief Justice, Sir Ti Liang Yang, is confident that Hong Kong is, and will remain after 1997, a going and thriving concern, built firmly on the bedrock of an independent and impartial Judiciary.
Speaking at a business summit this (Monday) morning, the Chief Justice said Hong Kong had the rule of law and independent and impartial administration of justice, so that there was a level playing field for business and an unimpeded access to justice.
"More particularly, businessmen find it easy to carry on their commercial activities here because the basic philosophy of our law accords with that of their own countries," Sir Ti Liang said.
Noting that the independence of the Judiciary has been a firm tradition in Hong Kong, Sir Ti Liang said: "By judicial independence, I mean that a judge carries out his judicial duties strictly according to the law, unfettered by any person or body not a party to the case before him - not even a more senior judge.
"He brooks no interference from any person, no matter how powerful, nor from any group or body no matter how large, nor, more importantly, from the Government. "In his deliberations he is not influenced by considerations of race, religion, class or politics, but is guided only by the law, and the law alone.
"Independence is not a privilege accorded to the individual judge; it is part of his duty, held sacrosanct by the whole community."
The Chief Justice continued: "The preservation of judicial independence presupposes that the Administration is fully committed to the concept.
"It must respect the Judiciary and does nothing to undermine its status and authority. It must respect and carry out the court's decisions. It must itself faithfully abide by the law.
"The Judiciary's authority is a moral authority. We have neither guns nor financial resources to protect ourselves. Protection comes from the executive arm of Government and the public at large."