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The rule of law, Hong Kong & reality

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 week.

In

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

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Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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