Legal professionals in England and Wales still concerned over national security law, Hong Kong top lawyers say after trip to London
- Most legal professionals in UK ‘supportive’ of city’s legal system and chief justice, Bar Association president says
- But legal professionals in England and Wales raise worries over survival of common law system in city
Judges and lawyers in Britain remain concerned about the implications of Hong Kong’s national security law, although most were keen to approach it with an open mind, the heads of two major legal bodies in the city have said.
Tough questions that underlined their concerns about Hong Kong’s rule of law included the higher standard defendants in the city faced when asking for bail in national security cases, Bar Association Chairman Victor Dawes and Law Society President Chan Chak-ming said.
They added that British lawyers also raised concerns over the power of Hong Kong’s chief executive to hand-pick a pool of judges for national security cases and the lack of any jury trials so far, even though the Beijing-imposed law has been force since June 2020.
“But the overall sentiment I was getting was that they are very supportive of our legal system and chief justice,” said Dawes after he met senior British judges.
They added that UK lawyers also expressed concerns over the continued Covid-19 restrictions in the city, despite an end to hotel quarantine.
The two were speaking after they attended a service in London to mark the start of the legal year in England and Wales, the first time Hong Kong had been represented at the ceremony since the Covid-19 pandemic hit two years ago.
Hong Kong government denies US claim national security law hurt civil rights
The annual ceremony, which invites leading legal practitioners from other jurisdictions to take part, was held on Monday at London’s historic Westminster Abbey.
The trip was seen as an ice-breaking mission for the two legal organisations since the legislation was adopted. The law drew criticism from the West, including Britain, which questioned whether the city’s long-standing common law system would survive.
London pulled two top sitting judges from Hong Kong’s Court of Final Appeal in March, although nine other retired judges from a variety of common law jurisdictions opted to stay on, including five from Britain.
The Post learned that during the trip Chan met Lord Jonathan Sumption, one of the judges who had agreed to continue to sit in Hong Kong cases.
Chan said he tried to explain to counterparts in the United Kingdom that the national security law came with a special feature that reversed the presumption of bail.
He explained he had told them that trials without jury were not unique to Hong Kong, and that the legislation had ensured fairness by requesting a sitting of three judges when a jury was not preferred.
Dawes added the goal was “not to convince them of anything” and that he had just “laid out the facts”.
He said a handful of lawyers had held preconceived views about Hong Kong, but that most were curious about the insights they were given as many had not been to the city since the pandemic took hold in the early part of 2020.
Dawes explained that some British lawyers had also discussed problems they faced in the UK.
Criminal barristers in England and Wales went on strike recently as a protest against the British government’s proposed changes to legal aid fees, which cut into their income.
Dawes and Chan said they had not met British government officials, who were seen as the driving force behind the UK’s criticism of Hong Kong.
Hong Kong government denies US claim national security law hurt civil rights
They added that they had not discussed the possibility of other retired English judges sitting in Hong Kong as that was a task for the city’s chief justice.
Dawes said some UK lawyers asked him about when Hong Kong would hold its next legal conference and highlighted that the present social-distancing curbs were not ideal for new arrivals.
“When people come here for conferences, they would like to socialise after the serious stuff,” he said. “I would hope that we can organise some similar conferences for people to come and it is going to be pretty important for Hong Kong.”
Chan said that some British lawyers had said they were reluctant to come to Hong Kong, even after the hotel quarantine was scrapped.
“Even now they heard it’s 0+3, which is better, they are still reluctant,” Chan said, referring to the city’s decision last month to ditch mandatory hotel quarantine.
The relaxation was aimed at rebooting Hong Kong’s battered economy and international standing, at a time when rivals in the region, including Singapore, had already opened up.
Travellers have to undergo three days of medical surveillance, during which they are free to move around but cannot visit places such as restaurants and bars.
