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25 June 2021 / Dr Ping-fat Sze
Issue: 7938 / Categories: Features , International justice
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Hong Kong & the rule of law — sinking fast?

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In Hong Kong, the right to a fair trial is becoming increasingly hypothetical, argues Dr Ping-fat Sze
  • The case of a migrant worker who was found guilty, despite copious evidence which did not support the prosecution case, and question marks surrounding his shooting by police.

In his illuminating article on the trial of Derek Chauvin for the murder of George Floyd in Minneapolis, Professor Michael Zander QC wrote that, ‘without video evidence, one wonders whether there would have been criminal charges, let alone a conviction’ (‘The US: jury unanimity needed (Pt 2)).

In a police shooting case decided by the District Court of Hong Kong in April 2021, however, the gunshot victim was charged, convicted and given a heavy sentence for having attacked two police officers with a paper-cutter, despite the fact that the video evidence did not support the prosecution case at all.

HKSAR v Chow

On the morning of 7 November 2018, officers of the Police Tactical Unit

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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

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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