Policy Address
23. Fair trial and due process are essential elements of the rule of law. In this respect, the judiciary plays the pivotal role and performs its important constitutional functions under the Basic Law. In the discharge of their responsibilities, judges look only at the letter and the spirit of the law without any interference. However, independent judicial power does not deny a party the opportunity of lodging a complaint against the court ruling. For criminal cases, there is redress by way of an appeal or review, or an application for recusal, whether by the accused or the prosecution. Complaints against the impartiality and conduct of individual judges can also be made to the Judiciary.
24. Hong Kong has long been one of the safest cities in the world, and our disciplined services are highly trusted by the public. In the past year or so, Hong Kong has experienced social unrest with violent acts and “justice lawbreaking” advocated by some people, severely damaging social order and the rule of law, and posing threats to people’s lives and properties. To turn around this situation, we must take stringent law enforcement actions. If there is evidence that someone violates the law, the offender must face legal sanctions regardless of his or her status or background. No one has any privileges under the law. The Police will handle the cases in a fair, just and impartial manner in accordance with the law. Over 2 300 persons are being prosecuted in connection with the disturbances arising from the legislative exercise of the Fugitive Offenders Bill, and the legal proceedings of most of the cases are underway. For arrestees under the age of 18 who have expressed contrition and are not involved in serious offences, the Police is prepared to consider handling the cases with measures conducive to their rehabilitation as appropriate, for example, by cautioning them under the Police Superintendent’s Discretion Scheme or imposing bind over orders with the prerequisite that the minors must admit their wrongdoings.
