A Judge's Politically Charged Comments

The pedestrian tunnel in Tsueng Kwan O where the three stabbings took place

On Friday District Judge Kwok Wai-kin sent a 51-year-old man to jail for stabbing a reporter and two others inside a pedestrian tunnel that was decorated like a Lennon Wall with a collage of colourful messages of support for the anti-government protests last August.

Tony Hung Chun, a tour guide who was out of work at the time and said his emotions were affected by the protests, pleaded guilty to three counts of wounding with intent. Yesterday he was sentenced for 45 months, but what raised eyebrows was Judge Kwok's comments.

District Judge Kwok Wai-kin

In his judgment, Kwok described Hung as "an involuntary sacrifice and a bloodstained victim hanging by his last breath" amid the social unrest, and that the black clad protesters ganged up like a "terrorist army" and changed Hong Kong with extremist acts reminiscent of the Cultural Revolution in mainland China.

Two well-known lawyers said these comments were uncalled for.

Highly respected criminal lawyer Lawrence Lok Ying-kam said an judicial comment should not be partial, and these comments should not have been made, while former Bar Association chairwoman Audrey Eu Yuet-mee said the judge's remarks may not have followed the long standing principle of political neutrality.

"A man seriously wounded and attacked another citizen, which was almost life threatening," Eu said. "But then [the judge] said the attacker had a motive that was praiseworthy or laudable -- you're not being politically neutral, but taking into account his political stance.

Chief Justice Geoffrey Ma said judges cannot be political

"If the reports are accurate, it will definitely affect respect for the judiciary and judicial independence, that's contrary to what the chief justice said."

Chief Justice Geoffrey Ma Tao-li has stressed repeatedly that judges only consider cases according to the evidence and the law, and that politics and popular sentiment are not part of the proceedings.

Interestingly Kwok himself has said politics did not play a role when  two years ago he sentenced 10 people charged with rioting in Mongkok in 2016.

"The courts will not get involved in political debate, nor to judge on right or wrong in political ideals, as that is not the role of the courts," he said at the time.

Tony Hung Chun (left) was jailed for 45 months

It's just very curious to see Judge Kwok make such a comment on his sentencing. Legal scholar Simon Young at the University of Hong Kong explained the judiciary's Guide to Judicial Conduct was unclear on whether judges could express their own opinions before the court of they were unnecessary for the case, but in general, the principle of independence and impartiality would strongly advise against it.

"[Unnecessary comments] could generate an issue of apparent bias for the judge in a future case," Young said, adding with the current political climate, judges may need to be a bit "more monastic" when it came to politically-charged cases.