46 HKSAR Government attaches importance to safeguarding the rule of law in society Consider the following sources. Then answer the questions. Source A: Adapted from an article on the news website of the HKSAR Government and the website of The China Current Since reunification, Hong Kong has been an internationally recognised society with the rule of law. Hong Kong has a solid legal foundation, including an open, transparent and independent judiciary. Lord Sumption, a Non-permanent Judge of the Court of Final Appeal, once stared that “the Hong Kong judiciary is fully committed in maintaining judicial independence and the rule of law. All previous Chief Justices of the Court of Final Appeal in Hong Kong have mentioned this in public statements.” Source B: Adapted from information on the website of Equal Opportunities Commission ‘The HKSAR Government, chrough the Discrimination Legislation (Miscellaneous Amendments) Ordinance of 2020 and the Sex Discrimination (Amendment) Ordinance of 2021, implemented eight of the recommendations proposed by the Equal Opportunities Commission in the Discrimination Law Review, including the strengthening of four anti-discrimination ordinances in regard to protection against harassment. A poster of the Equal Opportunity Commission promoting amendments to the anti-discrimination ordinances The poster mentions new protections from sexval, breastfeeding, disability and racial harassment in common workplace for workplace participants with no employment relationships, such as consignment workers, volunteers and interns, under the Sex Discrimination Ordinance, Disability Discrimination Ordinance and the Race Discrimination OrdinanceChapter 5. Significance of the rule of law Source C: Adapted from a news report on 6th October, 2021 Chief Executive Mrs Carrie Lam stated in the Policy Address that to consolidate and promote Hong Kong as a city upholding the rule of law requires community-wide participation and people's self- awareness of safeguarding the authority of the rule of law. To enhance the community's proper understanding and practice of the rule of law, the Secretary for Justice has personally steered the 10- year initiative Vision 2030 for Rule of Law, and has published a booklet entitled Vision 2030 — Empowerment in simple language to instil law-abiding awareness in our secondary and primary school students In addition, the Chief Justice of the Court of Final Appeal has proactively addressed the backlog of cases, The Chief Executive has asked relevant departments to fully assist the Judiciary in tackling the problem of courtroom shortage. Apart from re-opening the de-commissioned Tsuen Wan Law Courts Building, an additional mega courtroom and supporting facilites will be set up at Wanchai Tower to handle cases involving a large number of defendantsTopic 1 48 The Meaning and Implementation of “One Country, Two Systems | Cat (a) (b) © (d) Which of the following institutions are, like the Court of Final Appeal, part of Hong Kong judiciary? (1 mark) (1) Coroner's Court (2) Lands Tribunal (3) Hong Kong Mediation and Arbitration Centre (1) and (2) only 1) and (3) only (2) and (3) only (1), @) and (3) one, Which of the following are correct descriptions of the mechanism for the appointment and removal of judges of Hong Kong courts? (1 mark) (1) The Chief Executive appoints judges on the recommendation of the Judicial Officers Recommendation Commission, (2) Only the removal of the Chief Justice of the Court of Final Appeal requires the consent of the Legislative Council (3) Judges are removed from office only for inability to discharge their duties or misbehaviour. (4) The tribunal responsible for handling the removal of judges is composed of judges and recognised figures in society. (1) and (2) only (1) and (3) only (1), (3) and (4) only (1), @), (3) and (4) (i) With reference to source A, state two advantages of Hong Kong's legal system. (2 marks) (i) As a follow-up question, explain how the two advantages help maintain the rule of law. (4 marks) With reference to sources B and C as well as your own knowledge, what important roles does the HKSAR Government play in safeguarding the rule of law? (6 marks)Chapter 3 Safeguarding national security @ o) © @ A(T mark) B (1 mark) (i) Judicial independence (1 mark), open access andl transparency of the law (1 mark) (i) Judicial independence is one of the beliefs that uphold the spirit of the rule of law. The Basic Law stipulates that Hong Kong enjoys independent judicial power and the power o' ial adjudication. It also safeguards the independence of the judiciary. The courts of the HKSAR can conduct trials independently without any interference. Members of the judiciary are immune from legal action in the performance of their judicial functions, so that they can ty cases adjudicate cases fairy and impartially without fear or favour. This safeguards the rule of law. (2 marks) ‘Open access and transparency of the laws are the foundation for safeguarding the spirit of the rule of law. Laws should be open to the public so that everyone understands their content explcity. After a bil is passed by the Legislative Council and signed by the Chief Executive, it has to be promulgated in the Gazette of the HKSAR Government to take effect. In adcltion, the Department of Justice maintains Hong Kong e-Legslation \which allows members of the public to browse current legal provisions in Hong Kang online. This helos them Understand and abide by the law. (2 marks) Suggested marking guidelines Marks ‘The candidate: + explains how the advantages of judicial independence as well as open access and transparency ofthe] 4 law help maintain the rule of law, eg How judicial independence helps maintain the rule of law: = The Basic Law stipulates that Hong Kong enjoys independent judicial power and the power of final adjudication. It also safeguards the independence of the judiciary. The courts in Hong Kong can adjudicate cases fairly and impartially without fear or favour. This safeguards the rule of law How the open access and transparency of the law help maintain the rule of law: = Laws should be open to the public so that everyone understands their content explicitly. For cxample, after a bill is passed by the Legislative Council and signed by the Chief Executive, it has to be promulgated in the Gazette to take effect. In addition, the Department of Justice maintains Hong Kong e-Legislation which allows members of the public to browse current legal provisions in Hong Kong online. + makes appropriate and comprehensive use of the source + attempts to explain how judicial independence as well as open access and transparency of the hw] 2-3 help maintain the rule of law, but the elaboration is insufficient in detal/ similar or not targeted: or is only able to clearly explain one of the functions + makes use of some points of relevance in the source, but not comprehensive enough * briefly explains how judicial independence as well as open access and transparency of the law help] 1 maintain the rule of law, but some of the explanation may not be correct + uses the source/information in a limited manner or sometimes inappropriately + makes no attempt to answer the question 0 + gives an answer which is not relevant to the question Lawmaker; According to source B, the HKSAR Government plays the role of a lawmaker. It regulary listens to the ‘opinions of different sectors of society and makes laws or legal updates to safeguard the rights and interests of Hong Kong residents. For example, the HKSAR Government formulated the Discrimination Legislation (Miscellaneous Amendments) Ordinance of 2020 and the Sex Discrimination (Amendment) Ordinance of 2021, according to the recommendations proposed by the Equal Opportunities Commission in the Discrimination Law Review to protect common workplace participants (such as volunteers and interns) with no employment relationships in common, ‘workplace from aiscrimination or harassment, such as disability and racial harassment shown in the poster. (2 marks) aTopic 1 50 The Meaning and Implementation of “One Country, Two Systems Promoter: According to source C, the HKSAR Government plays the role of a promoter to convey the rule of law concept to the public. This enhances public awareness of the rule of law and consolidates Hong Kong's status as a city upholding the rule of law. For example, to enhance the community proper understanding and practice of the rule of law, the Secretary for Justice has personally steered the 10-year initiative Vision 2030 for Rule of Law, and has published a booklet entitled Vision 2030 — Empowerment in simple language to insti law-abiding awareness in secondary and primary school students, so that they understand the importance of respecting and abiding by the law, consciously safeguard the authority of the rule of law, and work with the Government to protect the society by upholding the rule of lav (2 marks) Supporter: According to source C, the HKSAR Government plays the role of a supporter by allocating resources to faciitate the work of the Judiciary and maintain the rule of law in Hong Kong. For example, the Chief Executive had pointed out the problem of backlog of cases in the Judiciary and asked relevant departments to fully asist the Judiciary in tackling the problem of courtroom shortage, such as setting up an additional mega courtroom and supporting facities at Wanchai Tower. All these ensure that defendants can be tried as soon as possible, prevent them from coping with extra psychological pressure that delay in trial might cause, and also ensure that cases are heard to the best recollection of the defendants. These are conducive to fair trial by the courts as well as the maintenance of the rule of law and social justice. (2 marks) Suggested marking guidelines Marks The candidate: * based on the sources provided and his/her own knowledge, clearly explains the roles that the] 5-6 HKSAR Government plays in safeguarding the rule of law, eg. = Lawmaker: According to source B, the HKSAR Government plays the role of a lawmaker. Ik regularly listens to the opinions of different sectors of society and makes laws or legal updates to safeguard che rule of law. For example, the HKSAR Government implemented the recommendations proposed by the Equal Opportunities Commission in the Discrimination Law Review to protect common workplace participants with no employment relationships in common workplace from diserimination of harassment. (source B) = Promoter: The HKSAR Government plays the role of a promoter to convey the rule of law concept to the public. For example, to enhance the community's proper understanding and practice of the rule of law, the Department of Justice promotes the 10-year initiative Vision 2030 for Rule of Law, and has published a booklet entitled Vision 2030 — Empowerment to instil law- abiding awareness in secondary and primary school students (source C), = Supporter: The HKSAR Government plays the role of a supporter by allocating resources to facilitate the work of the Judiciary. For example, the Chief Executive had pointed out the problem of backlog of cases in the Judiciary and asked relevant departments to fully assist the Judiciary in tackling the problem of courtroom shortage. All chese ensure that defendants can be tried as soon as possible, which is conducive to safeguarding the rule of law and social justice + provides a well-structured, clear and in-depth elaboration based on the sources provided and his/her own knowledge, attempts to explain the roles that the| 3-4 HKSAR Government plays in safeguarding the rule of law, but the elaboration is insufficient in detail | similar oF not targeted; or is only able to clearly state and elaborate some of the roles with sufficient details is able co apply relevant knowledge, but part of the explanation lacks details + makes use of some points of relevance in the sources, but not comprehensive enough provides a well-structured elaboration, though it might lack clarty/ details in parts states one to two roles and attempts to give simple explanation, but the explanation is not entirely | 1-2 accurate, of the informaiton is irrelevant + uses the source in a limited manner or sometimes inappropriately, e.g, the answer shows discrepancies between the explanation and the source + gives a superficial answer with little organisation /without focus; express ideas vaguely + makes no attempt to answer the question 0 + gives an answer which is not relevant to the question