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Mon, Feb 21, 2000 - Page 2 News List

Media skews judicial neutrality

THE COURTS Politicians have already started making use of the judicial system to score points against one another; established norms and the media exacerbate the problem of keeping the judiciary free from political manipulation, say observers

By Irene Lin  /  STAFF REPORTER

Liu, whose opinion reflects that of many prosecutors, pointed out that "wrong timing" is the most valid criticism about Hung's investigation. "There are charges filed with the prosecutors against almost all the candidates. Why has the Soong case alone proceeded with such efficiency?" Liu asked.

"We're not arguing over factual matters as to whether Soong is guilty or not. What's wrong is the timing of the investigation. Any normal person would know it's inappropriate to act on this kind of highly political case only weeks before the election," Liu said. "We can just wait and see how much attention will be given to Soong's case after the election."

The shoe goes on

In the face of attacks from both inside and out of the judiciary, Hung himself remains unfazed and suggested he is only guided by the law in handling the highly sensitive case.

"This is not your average case. Whoever handles such a sensitive case is bound to get hit. However I handle it, there will always be criticism," Hung said. "And exposed to such pressure, I have no other choice but to make the law speak for me in the end."

"Everyone has their own interpretations of the media reports of the investigation. I don't want to defend myself against their criticism. As long as I can sleep well at night, I feel I'm doing my job well," Hung said.

Most of Hung's colleagues see him as a man of integrity. However, they doubt whether he has the courage to resist a long-established "culture" of the prosecutorial system.

"There has always been an indirect, invisible pressure on every prosecutor in this country forcing them not to defy the will of those in power," Liu pointed out. "Few prosecutors have dared to defy this culture, and we doubt whether Hung has the courage."

Studies show that the public's confidence in the country's judiciary is at a low level. Political intervention, as the studies have suggested, was a major contributor to the widespread distrust in the system during an era of authoritarian rule.

Today judicial independence is much more valued in the country, but it is still common practice for politicians to attempt to manipulate the system during elections.

In view of these attempts, Liu said little can be done to stop the politicians from using the system to their own advantage. He said, however, it is essential that the judiciary itself be able to stay away from attempts at political manipulation and function as a truly impartial body.

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