Scholars says comments by Zhang Dejiang show the difference between the legal systems in city and across the border, where presumption of innocence is not recognised
CHRIS LAU AND JEFFIE LAM
UPDATED : Wednesday, 18 May, 2016, 11:01pm
Zhang Dejiang delivers his speech during a banquet in Hong Kong. Photo: AFP
Everyone is equal before the law in Hong Kong and no offenders can escape punishment for transgressions no matter what reason they might have, China’s third highest-ranking official said in a passing mention of his views on the city’s judiciary yesterday.
The comment was made at a dinner gathering on the second day of Zhang Dejiang’s tour and came against the backdrop of the Mong Kok riot that shook the city to the core in February.
The former British colony, which inherited the common law system, has also been engaged in a discussion on whether promoting Hong Kong independence amounted to a criminal offence.
Everyone should be made equal before the law and no one can be above it
ZHANG DEJIANG
Although stopping short of calling it meddling in the city’s judicial independence, legal practitioners and scholars were quick to point out that Zhang’s comment showed the difference between the legal systems in Hong Kong and across the border, where presumption of innocence is not upheld.
Speaking to 200 guests at the dinner last night, Zhang recognised the rule of law as one of the city’s “cornerstones” and the “bottom line of freedom”.
But he went on and said: “When the cornerstone has been shaken, and bottom line moved backwards, to ensure the prosperity of Hong Kong, everyone should be made equal before the law and no one can be above it.”
He added: “No offenders, regardless what reasons [they might have], can escape the punishment of the law.” He also asked the Hong Kong government and judiciary to execute and apply laws fairly and not to “tolerate illegal behaviour”.
University of Hong Kong law professor Eric Cheung Tat-ming said the comments by the chairman of the National People’s Congress Standing Committee, highlighted the discrepancies between the two legal systems. He said Zhang’s speech reflected how the mainland authorities failed to appreciate procedural justice, which is an important part of common law.
In particular, he said, one could only be found guilty by a court after hearing all the evidence. “On the mainland, you are an offender when you are arrested,” he said, adding that it might lead to innocent people being convicted.
Senior counsel Audrey Eu Yuet-mee said Zhang’s comment were reminiscent of what President Xi Jinping suggested when he visited Hong Kong in 2008. Xi made a plea for “mutual understanding and support” among the executive authorities, legislature and judiciary.
She said the comment sounded as if when the government had made arrests, the judiciary had to convict. “It’s unacceptable in Hong Kong,” she said.
Pro-Beijing lawmaker Dr Priscilla Leung Mei-fun believed Zhang was referring to cases related to the Occupy sit-ins and the Mong Kok riot, where a number of protesters were either acquitted or not prosecuted.
But Leung disagreed that Zhang was intervening in the city’s independent judiciary as “everyone has the right to comment or criticise the judgment after it is delivered”.
http://m.scmp.com/news/hong-kong/politics/article/1947180/law-breakers-must-not-escape-punishment-state-leader-tells
