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Tuesday, Aug 26, 2014

Asia

UK top judge warns Hong Kong of 'vigilance' to protect rights

AFP | Tuesday, Aug 26, 2014

HONG KONG - Britain's top judge Tuesday warned Hong Kong of the need for "eternal vigilance" to safeguard its liberties as China looks set to take a hardline stance at discussions this week on election reforms in the city.

David Neuberger's comments come as China's legislature meets to decide how Hong Kong's next leader will be chosen, with public discontent in the former British colony at its highest for years over perceived interference by Beijing.

Neuberger, who also sits part-time on Hong Kong's Court of Final Appeal, said he could see no evidence that judicial independence had been eroded.

"If I felt that the independence of the judiciary in Hong Kong was being undermined then I would either have to speak out or I would have to resign as a judge," he said. "But... I detect no undermining of judicial independence." Speaking at the Hong Kong Foreign Correspondents' Club, he however stressed: "I enthusiastically subscribe to the notion that the price of liberty is eternal vigilance."

Beijing in June issued its first white paper stipulating how Hong Kong should be governed in what was widely interpreted as a warning to the city not to overstep the boundaries of its autonomy.

It included an assertion that judges should be patriotic and safeguard national security and sovereignty, a sentiment which has angered many in the the city's legal community.

"Any threat to judicial independence has to be headed off at the pass," Neuberger said, noting that British judges had spoken out when politicians tried to meddle.

"But judicial independence is not inconsistent with judicial patriotism.

"The way in which judges demonstrate their patriotism is by an irrevocable and undiluted commitment to the rule of law, which involves resolving disputes independently, fearlessly, honestly, fairly and in accordance with the law, and as efficiently and openly as their capabilities and circumstances admit," said the judge, who heads the Supreme Court in Britain.

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