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10 February 2023 / Dr Ping-fat Sze
Issue: 8012 / Categories: Features , International justice
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Hong Kong: legal future in doubt?

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The denial of Jimmy Lai’s right to be defended by a lawyer of his choice casts serious doubt on Hong Kong’s legal future, says Dr Ping-fat Sze
  • The decision of the first instance court, the appeal court and the final appeal court to allow a London silk to represent Hong Kong businessman Jimmy Lai, awaiting trial on national security charges, is now pending a final determination from the National People’s Congress in Beijing.
  • Non-compliance with mandatory provisions of Hong Kong’s Basic Law seems to depend on the circumstances in question. The appointment of temporary judges by the chief justice serves as an apt example of this.

The rule of law in Hong Kong hit the headlines again at the end of last year, as the justice secretary turned to Beijing to stop a leading London silk, Tim Owen, defending Jimmy Lai against sedition and collusion charges under the national security law (see Baron Pannick, ‘Hong Kong media trial is crunch time for its rule of law’,

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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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