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Re-elected BAR Chairman Philip Dykes Confirms Credible Media Reports on Police Brutality in Hong Kong, Despite Carrie Lam's Denial

The Bar Association held its annual general election on January 16, with its current Chairman, Philip Dykes SC re-elected without contest, while incumbent Executive member, Anita Yip, SC was elected as vice chairman.

Dykes hopes that he can speak up more for his fellow industry players in the coming year, rather than responding to contentious issues surrounding Hong Kong. However, he admitted frankly that it is too difficult to predict the future, and that his hopes could fall through.

HKSAR Chief Executive, Carrie Lam, when attending Q and A session in Legislative Council in the morning of Jan 16, denied the existence of police brutality in Hong Kong and she called on the community to support the police. Dykes said that he was both amused and amazed by Lam’s statement, and he even made a sarcastic remark, asking Carrie Lam which media does she subscribe to.

Countering Lam’s view, Dykes reiterated that there were numerous credible reports of the police using excessive force, including some by renowned international organizations. Besides, members of the IPCC also suggested hiring experts for further investigations.

Source: Stand News
https://thestandnews.com/politics/戴啟思連任大律師公會主席-批林鄭否認警暴論難以置信-不知她看什麼媒體/

#Jan16 #PoliceBrutality #PhilipDykes
#Article22 #PhilipDykes #BarAssociation
Hong Kong Bar Association Chairman: The Government Owes Honkongers a Proper Explanation

//The chairman of the Bar Association, Philip Dykes, said on April 19 that Hong Kong people are entitled to a proper explanation as to why that is the case. He said he personally thinks the situation remains as "clear as mud".

Dykes pointed out that even in the criminal court, if someone was accused of stealing, evidence must be listed in the court. He believes that the government ’s move is like the practice of an authoritarian government...//

Source: RTHK; Stand News #Apr19

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https://t.me/guardiansofhongkong/19740
#Article22 #StateTerrorism
Hong Kong Bar Association Chairman: Beijing is Intervening Hong Kong Affairs

The chairman of the Bar Association, Philip Dykes, said on April 19, 2020, "[The Hong Kong government] switching the positions two, three times over a period of a few hours, indicates a lack of clarity... it's not enough to say, 'oh, we're not bound by Article 22, that's it'."

Dykes expresses that the Hong Kong people are entitled to a proper explanation as to why that is the case. He said he personally thinks the situation remains as "clear as mud".

He pointed out that even in the criminal court, if someone was accused of stealing, evidence must be listed in the court. He believes that the government ’s move is like the practice of an authoritarian government.

The Hong Kong and Macau Affairs Office and the Liaison Office of the People’s Republic of China recently issued a high-profile statement criticizing Legislative Councillor and barrister Dennis Kwok for delaying the election of the chairman and even misconduct of public officials.

Dykes pointed out that Beijing's statement is a serious accusation. In fact, what the council members says in the legislature and the committee is protected by law, and it is not enough to constitute a misconduct of public officials.

Besides, even if there is a real foul, external agencies should not speak up. He believes that the Hong Kong and Macao Affairs Office and the Liaison Office of the Chinese Communist Party of China are clearly intervening in the internal affairs of Hong Kong. "This is an intervention in the operation of the Legislative Council. The Legislative Council should say: No, thank you. We can handle our internal affairs ... One of the three powers of direct intervention in Hong Kong. "

After the Police arrested more than 15 democratic politicians on April 18 in a high-profile manner, Dykes believes that for the sake of Hong Kong ’s international reputation, the government has a responsibility to clearly explain such a large arrest.

Source: RTHK; Stand News #Apr19 #PhilipDykes #BarAssociation
#NationalSecurityLaw #Court
First Hongkonger Charged With Violating National Security Law Might Need to Plea Guilty to Guarantee Bail

Tong Ying-ki is the first Hong Kong person being charged with violating the National Security Law. He has requested a habeas corpus and for the second time a bail. The judge,who was directly apointed by the Chief Executive, have postponed the hearing until 20 August.

The defendant's counsel Philip Dykes indicated that the bailing requirements regarding National Security charges depends on whether the judge is satisfied by the defendant's assurance that he/she would not violate the Law again. This may go against the current bailing requirements stated in the Criminal Procedure Ordinance. Dykes pointed out that this may in turn mean that the defendant must first plea guilty for the judge to grant bail.

Source: Apple Daily #Aug5
#PhilipDykes
#PoliticalOppression #WhiteTerror
Hong Kong Bar Association Fears: China Might Attack Hong Kong’s Juridical System and Disqualify Judges in the Future


On Nov 23, 2020, the Foreign Minister of the UK, Dominic Raab, released a six monthly report on Hong Kong. He was considering whether to pull out British Judges who serve as the non-permanent judges at the Hong Kong Court of Final Appeal.

Philip Dykes, Chairman of the Council of the Hong Kong Bar Association, said that Beijing has slowly taken control over the official institutions of Hong Kong and their next target is likely the independent judicial system of Hong Kong.

Dykes worried that the Basic Law will be amended to disqualify judges.

Since the implementation of the National Security Law in July 2020, concerns have been raised internationally towards Hong Kong government’s suppression over dissidents.

Apart from 4 lawmakers being disqualified by Beijing, teachers were disqualified by the Education Bureau, and journalists who conducted registry search were arrested.

In the Report, Raab indicated that he is going to review “whether it continues to be appropriate for British judges to sit as non-permanent judges on the Hong Kong Court of Final Appeal”.

In an interview with Financial Times, Chairman of the Council of the Hong Kong Bar Association, Philip Dykes, said, “China has now turned its attention to Hong Kong’s juridical system. They might implement policies to instill judges the idea of patriotism”.

Source: Stand News; Now News #Nov26

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Read more:

UK Government's Six-monthly Report on Hong Kong: January to June 2020 https://www.gov.uk/government/publications/six-monthly-report-on-hong-kong-january-to-june-2020

#DominicRaab #PhilipDykes #FailedState #HKBA #JuridicialSystem #CCPControl #Authoritarianism
#RuleofLaw #HKBA
Chairman of HK Bar Association: Secretary for Justice Needs to Stop Unprincipled Attacks on #JudicialIndependence

In his speech marking the opening of the Legal Year on 11 January 2021, Chairman of the Hong Kong Bar Association, #PhilipDykes talked about judicial independence imperative to maintaining the Rule of Law in Hong Kong.

Dykes said his main concern were accusations that judges had acted out of partiality or bad faith “for no reason other than that they happened to decide a case one way rather than the other. Or because the result does not fit a political or moral agenda.”

He opined that these attacks on the judges “are pure poison” and it is the justice secretary’s responsibility to ensure accountability for these acts. He added, “If nothing is done about attacks, they will undermine confidence and respect for the courts and the administration of justice will slowly evaporate.”

Dykes stressed that “Without independent-minded lawyers, you will not have independent-minded judges.” “Independence at the Bar means being bold in defense and, where necessary, bold in aggression. It means barristers will take on unpopular causes and stick doggedly with them and not being swayed by negative opinions about them or their clients.”

He further elaborated that “the Judiciary is, notoriously, weaker than the other branches of Government whose functions, duties and powers are described in Chapter IV Basic Law”.

"The Judiciary commands no army or police force nor can it appeal to a sympathetic political electorate for support. It must demonstrate its worth in the constitutional order by commanding the people's respect through its commitment to the Rule of Law, which means, essentially, administering justice 'without fear or favour, self-interest or deceit."

"When there is a creeping barrage of baseless criticism that supposes that judges are politically biased, incompetent or dishonest, the damage is done not so much to the judges, who have broad backs, but to the Judiciary as an institution."

Dykes wrapped up his address hoping that “common sense prevails and that people see that conscienceless attacks on the Judiciary do no one any good. They eat away at society's respect for the Law, which is necessary for judicial independence.”

He carried on saying, "without judicial independence, a pearl of great price, we might as well pack up our bags and steal away for Hong Kong is nothing without it.”

Source: Stand News, #Jan11

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Read Philip Dykes’ full speech
Speech of the Chairman of the Hong Kong Bar Association, Philip Dykes SC, at the Opening of the Legal Year 2021, dated 11 January 2021

https://www.hkba.org/sites/default/files/20210111-Speech%20of%20Bar%20Chairman%20at%20Opening%20of%20Legal%20Year%202021%20%28E%29.pdf
#Justice #HKBarristers
New Chairperson of Hong Kong Bar Association vows to protect the rule of law in Hong Kong

On Jan 21, 2021, Philip Dykes ended his second term as the chairperson of the Hong Kong Bar Association (#HKBA) based on charter rules.

Founder of Hong Kong Human Rights Monitor, senior counsel Paul Harris was elected to be the next chairperson without any opposition.

The two vice-chairpersons were senior counsel Anita Yip, who was re-elected, and Erik Shum, who was a committee member originally.

After being elected, Harris held in his hand a wooden chair figure that represented his status as the new chairperson and spoke with reporters outside of the venue.

Harris said, the Bar Association and the rule of law in Hong Kong are going through a difficult time at the moment. As a senior counsel who is deeply committed to the law, he opposed both violent protests and the government that abuses its power. He promised to enhance the rule of law during his term.

Harris also expressed his concern towards the National Security Law, especially the part which indicated that state power overrides the law.

Moreover, many countries had suspended their extradition agreement with Hong Kong due to concerns over the National Security Law. This means that outlaws such as murderers can easily escape from legal justifications, especially in the future when the pandemic is over and it is easier to travel in and out of Hong Kong.

Harris therefore promised to try his best to negotiate in hopes that the government can amend some parts of the National Security Law to resume extradition agreements. “I don’t know if that would be possible,” said Harris, “but that’s what I’m going to work towards”.

Source: Stand News #Jan21

#PaulHarris #PhilipDykes #HumanRights