Judges must adjudicate cases without fear or favour Judges need to be

Judges must adjudicate cases without fear or favour

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Judges must adjudicate cases without fear or favour Judges need to be independent from government, LC, public opinion and media when administering the law - Calls for internal constraints that promote good judgemanship Personal qualities/ virtues of judges minds Judges should do justice+ enforce law “Justice should not only be done, but should be manifestly and undoubtedly seen to be done” Appearance of bias will destroy ppl’s confidence to judicial decision BL 2, 19.1, 84, 85,88, 89.1, 92 asked by the Executive Lord Woolf - Judges are answerable to no one other than a higher court for their decisions - Even CJ has no right to tell another judge how he or she should decide the case Dissenting judgements are a strength in our system of law Rimsky Yuen SC - Abusive attacks on judges increase> some threatens to publicize the names of judges whose rulings they considered politically unacceptable> undermine judicial independence and public confidence in administrative of justice Politicizing the Judiciary - Judicial independence may be compromised by senior politicians bringing pressures to bear on judges - Judicial of Hong Kong has no agenda other than the maintenance of ROL - Impartial, showing no preference for either team or for anyone else White Paper (by State council 2014) - judges should shoulder the responsibility of sovereignty, security and development interests for displaying sovereignty, ensuring loyalty to the country - message: political and social consequences must be fully compatible with the interests of the Sovereign> State have monopoly over the correct and accurate meaning of the law aims to transfer the Judiciary from an impartial umpire into a partisan gamesman - White Paper has no force of law under BL or SBJD BL 59: The Government of the HKSAR shall be the executive authorities of the Region. No provisions empower State Council to exercise “oversight” over courts of HK Zhou Qiang(President of Supreme People’s Court of PRC) - Every single judge in China must “strive to achieve the unity of legal outcomes, social outcomes and political outcomes” “under the rightful leadership of General Secretary Xi Jinping” - Judges act as guardians and promoters of a peaceful China and a China ruled by law CJ Li - Judges adopt neither a confrontational approach nor an approach to favour Executive or LC - Judges shall administer justice without fear or favour CJ Ma - Judges only deal with legal issues arising in the disputes
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- To subvert judicial independence is the same as subverting the very foundations on which HK’s economic prosperity and political stability were built - HKSAR do not know the operation and consultation procedures of BL Committee as it is under NPCSC Chief Justice - Head of the Judiciary - Empowered to appoint or dismiss deputy HC/district/magistrates judges - Spokesman for the Judiciary and defender of judicial independence - Make subsidiary legislation Empowered by BL to: - Form and chair an independent investigation
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