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Pro-separatist HK magistrate's new post result of biased remarks in court: experts

Global Times

By Fan Anqi Source: Global Times Published: 2020/9/7 20:43:40

A Hong Kong magistrate with a pro-separatist stance will move to a new position in the local high court, a decision that has raised public concerns as experts said that a magistrate needs to at least be neutral on politics as this is a basic norm for judges to ensure impartiality.

Ho Chun-yiu, a magistrate at the Eastern Magistrates' Courts in the Hong Kong Special Administrative Region (HKSAR), will be moved to a new post as the Criminal Listing Judge at the city's High Court, dedicated to handling the scheduling of criminal cases in the Court of First Instance, Hong Kong-based media singtao.com reported on Monday.

The re-assignment, which indicates that Ho will no longer be present at trials, came after he sparked widespread controversy over his lenient rulings in several anti-government protest cases last June, as well as his biased remarks about radical separatist group Demosisto.

Ho was accused by member of the HKSAR Legislative Council Elizabeth Quat of giving lenient punishments or even rulings of not guilty in eight anti-government cases during the ordinance amendment issue since last June, when Hong Kong was plagued with violent activities, local media reported.

Local media also reported his comments during a trial of members of the radical separatist group Demosisto, calling them "pillars of society" and "people of great value." When giving verdicts in cases of attacking the police, Ho accused the police of being "full of lies," while terming defendants' confessions as "worthy of encouragement."

"Although the Hong Kong judiciary did not specify the reason for his reappointment, one of the most crucial factors is his remarks with a clear preference toward local infamous separatists," Lawrence Tang Fei, a member of the Chinese Association of Hong Kong and Macao Studies, told the Global Times on Monday.

"By giving credit to separatist activists with an anti-government stance and behavior during their trials, the public will worry that he has failed to perform his duties in an impartial manner, which is a quality that people most expect in the judicial system," Tang said.

Netizens from both the Chinese mainland and HKSAR expressed concern and disappointment on social media networks like Sina Weibo, as they don't understand why such a pro-separatist member of the legal profession wasn't fired or charged, and why he can stay in the judicial system and even have the chance to work in the High Court.

"The decision involving Ho is opposite to people's expectations, which would cause the public to lose trust in Hong Kong's judicial system," Li Xiaobing, an expert on Hong Kong, Macao and Taiwan studies at Nankai University in Tianjin, told the Global Times on Monday.

Li said that the local judicial system has remained relatively independent, but its internal operations are chaotic, so its decision-making becomes more and more unreasonable and unjust.

"The HKSAR should pay close attention to improving the openness, transparency and social recognition of its judicial system to improve its credibility among the public," he noted.

Ho's new post as the Criminal Listing Judge means he will be in charge of arranging cases for trial, with trial dates to be given within 21 days after receiving the defendant's request. The Court of First Instance, where Ho was appointed, deals with the most serious criminal offenses, such as murder, manslaughter, rape, drug trafficking and complex commercial fraud.