Jacques Tsang Man Kin: “We must have high ethical standards”

Jacques Tsang Man Kin was elected president of the Bar Council last week and News on Sunday wants to know what are his vision and mission as he takes over an institution that has just been in the limelight recently with the project of government to ask parliament to vote the Prosecution Commission, Bill thus creating a stir in the judiciary.

You take the helm of the Bar Council at a time when our legal system is facing a serious credibility crisis. How would you manage to reassure the general public?

Yes. I see that this year will be an eventful year. A tough year. However, I have been fortunate in that I have been involved in last year’s Council and have learnt a lot from the members. Furthermore, I can count upon my elders at any point in time. In the United Kingdom, we are referred to as ‘Members of the Honourable Society.’ We are addressed as ‘learned friend.’ We belong to an honourable association whose objectives are to safeguard the interests of its members. We are also duty bound to the courts and help in the administration of justice. And by extension, we also have a duty towards the public. Therefore, we must have high ethical standards. We are only a component of the judicial system. I do not think that as a whole the association has let down the public.

The legal profession has always given an image of being players behind the screen. What can you do to make it close to the crowd?

We are in the limelight. Why? Because the public believe that we are the ones who can speak freely our minds and are not subject to any pressure. It also believes that our action and stand is not motivated by any gain. Hence, we refuse to be drawn into polemical debates. Some of our members have varied political agendas and have strongly voiced their views. People are interested to know who the new office holders are and they do make up their mind and may already have an opinion concerning each one of us. It is our duty to earn the respect and trust of the public. We live in an open and democratic society. We should not let anybody poison our mind and act in all transparency. Then people will acknowledge our integrity. Over the years you will notice that many barristers are involved in politics and they speak out their minds and show their political colours. However, none of their stand could be said to be the official one of our association.

How far the proposal for a Prosecution Commission has caused damages to the legal system?

The stand of the association concerning the Prosecution Commission was that we should not be resorting to amending our Constitution without deep analysis and debate. In that breath and at that point in time, the stand of the association was against that amendment. We should not lose sight of the retroactivity clause which was inserted. This stand should be looked at in a kaleidoscope and not interpreted to espouse any political party’s views.

What are your views on the recent allegations of lawyers involved in the affair of prisoners linked to drug trafficking? 

Drug trafficking is an explosive issue. We should let the Commission on Drugs complete its assignments and make its recommendations. We shall cross the bridge at that point in time. We should abstain from making any comment and let there be a fair hearing. This is our constitutional right. So be it.

Are you happy of the separation of powers- the Executive, the Legislative and the Judiciary?

The Constitution speaks of separation of powers. But the Prime Minister appoints the Chief Justice. Formerly, when the office of the President was vacant, the Chief Justice acted as President. But what is most important are the rights of the citizens which should not be curtailed.

We have inherited a legal system dating back to the French colonial era. What should be done to modernise the system?

There is an exponential increase in the number of barristers and now on our roll, there are 800 barristers. Now I believe is the time for us to ask ourselves as to whether we should sit down and let events overcome us or whether we should question all our established norms and revise them or change. In other words Quo Vadis. This requires a thorough evaluation of the existing state of affairs, to identify weaknesses, see what is the path and ways to become a barrister, including pupillage, etc. and compare what is being done in other foreign democratic countries and make suggestions to improve and to ensure above all professional services of high standard.