The Basic Law has safeguards for implementing the rule of law
The Basic Law of Hong Kong has several safeguards for guaranteeing the rule of law.
Article 25 stipulates, all residents shall be equal before the law, and no one shall be above the law. In regard to an independent judicial system, Article 82 of the Basic Law states the Hong Kong Special Administrative Region has the independent judicial power and the power of final adjudication. Article 85 of the Basic Law stipulates, the courts shall exercise judicial power independently, free from any interference. Article 87 states, anyone who is lawfully arrested shall have the right to a fair trial by the judicial organs without delay and shall be presumed innocent until convicted by the judicial organs.
Hong Kong is an internationally recognized law-based society
Since its return, Hong Kong has been recognized globally as a law-based society
Our legal system is matured, highly transparent, fair and reliable. Trials are impartial and open. Judicial independence is guaranteed through the judge appointment and removal system and penal provisions. Judges can administer justice without fear or favor, self-interest or deceit. The fact that many apply for judicial reviews, proves residents’ trust and confidence in the courts.
’Achieving justice by violating the law’ is against the rule of law
To protect human rights and achieve fairness and justice are important elements of the rule of law. The Basic Law guarantees that residents can, through lawful channels, express their opinions and demands in peaceful and rational manners. But some people have advocated in recent years to achieve so-called ‘justice’ through an unlawful manner. Is this in conformity with the principle of the rule of law?
“Achieving justice by violating the law” is absolutely against the rule of law,
and is detrimental to social development. To defend the rule of law, the first step is to abide by the law. The exercise of human rights has restrictions. The government may impose restrictions based on national security, public safety, public order, and the rights of others. But restrictions must be expressly specified by the law and restrictions must be reasonably commensurate to the goals.
The rule of law is built on respect for laws and others’ rights.To abide by the law and safeguard the rule of law and order are the fundamental duties of Hong Kong residents. We all shall be defenders of Hong Kong’s rule of law.