Views on work of courts polarised

By Geoffrey Ma Tao-li –

The institution of Senior Counsel, originating as it does in Hong Kong from the English tradition of Queen’s Counsel, is an established feature of the Common Law. For me, it is representative of those features of the Common Law that stand out: independence, impartiality, a pursuit of justice and above all, the promotion of the rule of law. The Bar strongly and visibly advocates these important features of our community. The leaders of the Bar are the Senior Counsel. One of the tangible indicators of the existence of the rule of law in a community is the standard and reputation of the Bar, and within the Bar, of its leaders. Accordingly, it is from the ranks of Senior Counsel that appointments have been made in recent years from the legal profession to the High Court.

I recognise instantly that the provision of legal services also has a business side to it. The Law Society, for its part, has as a significant part of its functions, the promotion of legal services as a business. But that is not the facet of legal practice which I would like to highlight today.

The rule of law has, as a fundamental objective, the pursuit of justice. This involves the concept of justice according to the law and its spirit. The spirit of the law involves an adherence to principles of integrity and independence. In a world now often critical of established institutions and the work they do, one must be steadfast to apply the law in an even handed and principled manner, and to be seen to be doing just that. Hong Kong’s courts now face more than any other time in their history challenges which sometimes assume significant political and social dimensions.

Recent events, even those of the past few weeks, have demonstrated a polarisation of views within the community on the work of the courts. I take this opportunity to reiterate the approach of the courts – the same as that of lawyers – namely, that legal issues and disputes are resolved by an application of the law and her spirit, and nothing else. The statue of Themis (one of the Delphic Oracles, representing justice) standing on the top of this court building, proudly blindfolded, is a lasting testament to the independence of approach needed to resolve legal disputes. This is saying the obvious but it seems that now more than ever the community needs to be reassured of this.

I return therefore to one of the responsibilities of lawyers and a reminder that as leaders of the Bar, Senior Counsel do assume the mantle of ensuring that there is no undermining of the fundamentals comprising the rule of law. The law is not only what you want it to be, it is there for everybody and includes a respect for other people’s rights. I know our new Senior Counsels will, as other leaders have done in the past and continue to do so, recognise their enhanced role upon taking silk.

There can be no controversy about this year’s appointments to the rank of Senior Counsel. Their appointments are welcomed by all. They will each distinguish themselves in the years to come. I take this opportunity to congratulate them again. Themis, like us all in this Court, is proud of them.

This is an edited version of the address by Chief Justice Geoffrey Ma Tao-li at the Ceremony for the Admission of the New Senior Counsel on Saturday.

Photo: VOHK picture