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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

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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