Rule of law crucial to Hong Kong’s competitiveness, says Justice Secretary

Hong Kong’s Secretary for Justice Paul Lam Ting-kwok met with members of the Hong Kong General Chamber of Commerce at its ‘Town Hall Forum’ series on 13 October to discuss the government’s ongoing efforts to strengthen Hong Kong’s legal and regulatory framework, writes Raymond Yip, Head of Legal at Sovereign Trust (Hong Kong).

Hong Kong’s robust common law legal system, as maintained under the ‘one country, two systems’ principle and underpinned by the independence of the judiciary in exercising judicial power, serves as the bedrock of the city’s past and continuing success. But recent events such as social unrest and Covid-19 have created challenges both to Hong Kong’s legal and judicial systems and in the wider context of the rule of law.

Lam expressed the opinion that the doctrine of precedency and the principle of the rule of law under the common law should always be maintained in Hong Kong. The independence of the judicial system in Hong Kong should also remain intact and applicable.

He emphasised that judicial independence was a core element of the cardinal principle of the separation of powers. This involves checks and balances between the executive, the legislature and the judiciary.

It was not the function of the judiciary to meddle in matters which were properly the responsibility of the other branches, but it had a vital constitutional role in ensuring that the acts of the executive and the legislature complied fully with the Basic Law and the law, and that the fundamental rights and freedoms that underpinned the enduring values of society, were fully protected. There was no place in a free society for a supine judiciary, he said.

In discharging its duties, the judiciary would have to pronounce judgments in cases that were inevitably, by reason of their subject matter, controversial. This was particularly the case in the area of constitutional and public law. Judges must be, said Lam, fearless in applying the law, irrespective of popular or media acclaim or criticism. Their judgments were, and should be, subjected to public scrutiny because the right to criticise was a constitutional right that should be responsibly and vigorously exercised in a free society.

As the rule of law was crucial to Hong Kong’s competitiveness and development, Hong Kong must defend and maintain its robust and transparent legal system, he said.

The rule of law, together with Hong Kong’s importance as a centre where East meets West, was also one of the key themes raised at the BritCham Hong Kong Summit 2023 on 26 October, which brought together senior leaders from all sectors to discuss opportunities for growth as Hong Kong seeks to reinvent itself.

Delivering the first keynote speech, Chief Secretary for Administration Eric Chan Kwok-Ki said: “We are now back to normal. Back in business to embrace new markets and business partnerships. Our aim is to further expand our global economic and trade capacity so as to strengthen Hong Kong’s status as an international trade centre.”

The Summit agenda included panel discussions exploring the following questions:

• Is it time to redefine Hong Kong’s brand identity and how can the business community help support the marketing of Hong Kong?
• How can Hong Kong attract inward investment and successfully put the creative economy at the heart of its future direction?
• What role can ‘liveability’ play in promoting the sustainable development of Hong Kong as well as attracting investment and talent?
• How can Hong Kong prosper as a centre for innovation and technology?
• How to harness Hong Kong’s potential as a hub for risk management, sustainable finance and investment, and insurance technology?

Secretary for Commerce and Economic Development Algernon Yau said: “2023 is a year of revival for our economic activities. The economy is set to reverse last year’s negative result. To this end we must seize opportunities, navigate challenges and build a prosperous future for Hong Kong.”

The Summit ended on a positive note with Britcham Executive Director Paul McComb saying: “Change is always hard at the start. It is always messy in the middle. And it’s always gorgeous in the end.”