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The rule of law, Hong Kong & reality

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02 August 2024 / Dr Ping-fat Sze
Issue: 8082 / Categories: Features , Profession , International , International justice
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It’s time to refocus attention on the administration of criminal justice in this former British colony. Dr Ping-fat Sze explains why
  • Comments on shortcomings in the prosecutorial system in Hong Kong, including the Department of Justice’s lack of oversight of prosecutions by police and public authorities.

The resignation of three visiting judges from the final appeal court of Hong Kong, shortly after the organisers of the 2020 pro-democracy primaries were convicted by the first instance court on 30 May 2024, have sent shock waves through the common law world.

One of the quitting judges, Lord Sumption, raised his concerns in the Financial Times (‘The rule of law in Hong Kong is in grave danger’, 10 June 2024) only to be met with condemnation in the strongest possible terms by the Foreign Ministry in Beijing, and in turn, by the chief executive, the chief justice, the chief secretary, the justice secretary, the deputy justice secretary and the security chief of Hong Kong in the following

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NLJ this week: Comparators—how close is close enough?
Comparators remain the fault line of discrimination law. In this week's NLJ, Anjali Malik, partner at Bellevue Law, and Mukhtiar Singh, barrister at Doughty Street Chambers, review a bumper year of appellate guidance clarifying how tribunals should approach ‘actual’ and ‘evidential’ comparators. A new six-stage framework stresses a simple starting point: identify the treatment first
NLJ this week: Domicile—more than where you live
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Early determination is no longer a novelty in arbitration. In NLJ this week, Gustavo Moser, arbitration specialist lawyer at Lexis+, charts the global embrace of summary disposal powers, now embedded in the Arbitration Act 1996 and mirrored worldwide. Tribunals may swiftly dismiss claims with ‘no real prospect of succeeding’, but only if fairness is preserved
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