#Analysis #RuleofLaw
Three young lawyers discuss the legal system in Hong Kong
• Three young lawyers expressed their thoughts and opinions on working in the current judicial environment in Hong Kong. They discussed the discrepancy between the public’s expectations from the legal system and the limitations imposed on the courts by the system.
• Although they support or sympathise with the social movement, they are also caught in a position between the public and the traditional legal elites. In the midst of cries that “the rule of law is dead”, these young lawyers seem speechless. They criticise the system, yet they have to work within the system.
• Benny Tai: “If the court does not cooperate with an authoritarian regime, the authoritarian government will set up an alternative legal or political body that it can fully control to deal with political sensitive cases. In order to protect the damage in legal authority, the court can only avoid dealing with politically sensitive issues, thus limiting its power.”
• The rule of law in Hong Kong has not collapsed yet but it does not mean it will not. In reality, it can break easily because there is an invincible external force called the Interpretation of the Basic Law by the Standing Committee of the National People’s Congress (NPC). But Ben and Jerry further pointed out that there is no need for the regime to Interpret the Basic Law or incorporate judges because it has hundreds of other ways to undermine the authority of the judiciary.
Read more:
https://telegra.ph/Diagnosis-for-the-Rule-of-Law---Reflections-of-Three-Young-Lawyers-on-the-System-and-the-People-05-29
#BennyTai #LegalSystem #Lawyer
Three young lawyers discuss the legal system in Hong Kong
• Three young lawyers expressed their thoughts and opinions on working in the current judicial environment in Hong Kong. They discussed the discrepancy between the public’s expectations from the legal system and the limitations imposed on the courts by the system.
• Although they support or sympathise with the social movement, they are also caught in a position between the public and the traditional legal elites. In the midst of cries that “the rule of law is dead”, these young lawyers seem speechless. They criticise the system, yet they have to work within the system.
• Benny Tai: “If the court does not cooperate with an authoritarian regime, the authoritarian government will set up an alternative legal or political body that it can fully control to deal with political sensitive cases. In order to protect the damage in legal authority, the court can only avoid dealing with politically sensitive issues, thus limiting its power.”
• The rule of law in Hong Kong has not collapsed yet but it does not mean it will not. In reality, it can break easily because there is an invincible external force called the Interpretation of the Basic Law by the Standing Committee of the National People’s Congress (NPC). But Ben and Jerry further pointed out that there is no need for the regime to Interpret the Basic Law or incorporate judges because it has hundreds of other ways to undermine the authority of the judiciary.
Read more:
https://telegra.ph/Diagnosis-for-the-Rule-of-Law---Reflections-of-Three-Young-Lawyers-on-the-System-and-the-People-05-29
#BennyTai #LegalSystem #Lawyer
Telegraph
Diagnosis for the Rule of Law - Reflections of Three Young Lawyers on the System and the People
One night at the beginning of last November, a protester in black threw a few Molotov cocktails towards the Tseun Wan Magistrates’ Court building, which ceased to function in 2016, from the stairs of the bridge nearby. A tree was hit and subsequently was…
#Newspaper
Valedictorian quotes Zhuangzi to describe Hong Kong, sees no hope for the future
(22 July) Wong, a student at St. Paul's Co-Educational College, scored full marks (highest attainable score of 5** across all seven subjects) in the HKDSE public exam. He received a conditional offer from the Chinese University of Hong Kong to enter its Cell and Molecular Biology programme and hopes to minor in Chinese Studies.
Possessing a deep interest in the Chinese language, Wong quoted Ransacking Coffers - a chapter from Zhuangzi - when asked what piece of Chinese literature he would use to describe Hong Kong's current situation. "He who steals a hook gets hanged as a crook; he who steals a kingdom makes himself a duke," offered a close depiction of Hong Kong today. The meaning of the saying is that stealing [a small item like] a belt results in being sentenced while usurpers of political power are bestowed with a royal title. It serves as a critique of today's societal injustices.
Wong stated that after finishing his bachelor's degree in Hong Kong, he would consider studying abroad. Originally planning on staying in Hong Kong, he said that after witnessing the recent changes in Hong Kong's legal system, government administration and the relationships among its citizens, the overall situation has made a turn for the worse. "I can't see hope for the future of Hong Kong, nor can I see any bright prospects." He will consider whether or not to return and settle in Hong Kong in the future.
Source: RTHK
Translated by: Hong Kong Echo
#FailedState #Zhuangzi #HKDSE #Valedictorian #LegalSystem
Valedictorian quotes Zhuangzi to describe Hong Kong, sees no hope for the future
(22 July) Wong, a student at St. Paul's Co-Educational College, scored full marks (highest attainable score of 5** across all seven subjects) in the HKDSE public exam. He received a conditional offer from the Chinese University of Hong Kong to enter its Cell and Molecular Biology programme and hopes to minor in Chinese Studies.
Possessing a deep interest in the Chinese language, Wong quoted Ransacking Coffers - a chapter from Zhuangzi - when asked what piece of Chinese literature he would use to describe Hong Kong's current situation. "He who steals a hook gets hanged as a crook; he who steals a kingdom makes himself a duke," offered a close depiction of Hong Kong today. The meaning of the saying is that stealing [a small item like] a belt results in being sentenced while usurpers of political power are bestowed with a royal title. It serves as a critique of today's societal injustices.
Wong stated that after finishing his bachelor's degree in Hong Kong, he would consider studying abroad. Originally planning on staying in Hong Kong, he said that after witnessing the recent changes in Hong Kong's legal system, government administration and the relationships among its citizens, the overall situation has made a turn for the worse. "I can't see hope for the future of Hong Kong, nor can I see any bright prospects." He will consider whether or not to return and settle in Hong Kong in the future.
Source: RTHK
Translated by: Hong Kong Echo
#FailedState #Zhuangzi #HKDSE #Valedictorian #LegalSystem
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National security law prompts Australian judge to quit Hong Kong court
James Spigelman, one of the 14 foreign judges on Hong Kong's highest court, Court of Final Appeal, has resigned due to concerns over the new national security law imposed by Beijing on the city.
The Polish-born former chief justice of New South Wales told the Australian national broadcaster that he had resigned for reasons 'related to the content of the national security legislation'.
Local and international legal circles have been alarmed at Beijing's imposition of the security law, fearing it erodes the former British colony's autonomy and freedoms.
#NationalSecurityLaw #Australia #CCP #LawandOrder #legalsystem #judge
Source: Reuters #Sep18
James Spigelman, one of the 14 foreign judges on Hong Kong's highest court, Court of Final Appeal, has resigned due to concerns over the new national security law imposed by Beijing on the city.
The Polish-born former chief justice of New South Wales told the Australian national broadcaster that he had resigned for reasons 'related to the content of the national security legislation'.
Local and international legal circles have been alarmed at Beijing's imposition of the security law, fearing it erodes the former British colony's autonomy and freedoms.
#NationalSecurityLaw #Australia #CCP #LawandOrder #legalsystem #judge
Source: Reuters #Sep18