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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

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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