I have been given a lowdown on the hearing today. It seems like the judge was asking some really basic questions and the #HongKong Department of Justice was not ready to answer even the basics. I have never encountered a party seeking an injunction to be so ill prepared … (1/7)
… even by the standards of a first hearing. When you apply for an injunction (which is a remedy when you need something relatively urgently) you always prepare fairly comprehensive submissions and supporting affidavits even for a first hearing, so that you can be ready … (2/7)
… to seek an initial limited time period interim injunction straight away even if you’re not sure the court would necessarily agree with you. To get such an injunction means your papers to the court should already have all the basics answered (especially when … (3/7)
… an injunction applicant with no opponent in court has a duty of full and frank disclosure to the court). That those basics were not clearly answered before or at the hearing today such as to be ready to push for an injunction right away suggests (1) the #HongKong DoJ … (4/7)
… was pressured into the injunction application before it’s ready; and/or (2) the #HongKong DoJ lawyers handling it to date are clueless, slapdash and/or incompetent. Much as I don’t want to see the DoJ succeed, to hear of them failing even with the basics makes me … (5/7)
… embarrassed to consider myself a #HongKong civil litigator. I hope today’s proceedings isn’t another metaphor for HK sliding back into pre-1980s “near enough is good enough” mediocrity.
PS: interesting that 1st hearing today (June 12) and adjourned … (6/7)
…hearing date (July 21) are both major 2019 #HongKong protest anniversaries. God is laughing at the HK and CCP authorities cracking down on HK. (7/7)
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Really grateful to @SenatorWong for meeting with @tedhuichifung and me to discuss #HongKong. A range of topics were discussed, ranging from specific measures to act in solidarity with HK people, to certain HK-related issues that touch on Australia’s national interest. (1/8)
This is the first time that such a senior (and well respected) Australian government minister from either of the major parties had met @tedhuichifung since he landed in Australia (now that I am back in Australia I am honoured to be invited to join). (2/8)
The fact of this meeting (and that none at this level had taken place before) hopefully puts paid to the idea that #HongKong, #China issues are treated as anything other than largely bipartisan, despite occasional partisan differences in tone and emphases. (3/8)
The NPCSC interpretation goes well beyond just the relatively narrow (but already worrying) issue of whether foreign lawyers can represent parties in #HongKong NatSec cases. A THREAD. (1/8)
A1. In any #HongKong NatSec litigation, the court must now get a certificate from the Chief Executive on whether any act or piece of evidence involves NatSec and what to do in relation to the same. And if the court does not ask CE, then NatSec Commission can intervene. (2/8)
A2. What this means is that both the #HongKong CE and the NatSec Commission can now intervene and override the HK court at any time, and their decisions and acts would not be subject to any judicial review or any other form of legal challenge or oversight. (3/8)
Many thanks to @GregTorode of @Reuters for interviewing me on this. Leaving #HongKong was a difficult decision. I was making good money as an international law firm partner, and I wasn’t yet in any immediate danger. However,… (1/10) reuters.com/investigates/s…
… as more and more #HongKong friends were locked up, going into exile, or otherwise migrating, plus the knowledge that overseas experience suggest that authoritarians will eventually go after even minor, inactive dissidents like me, meant that … (2/10) reuters.com/investigates/s…
… I had to consider my options. More and more #HongKong friends urged me to leave. And being separated from my Australia-based family thanks to COVID restrictions didn’t help. But I was careful to tell most friends and colleagues that … (3/10) reuters.com/investigates/s…
Thanks @MikeSmithAFR for interviewing me. I often get asked about rule of law/judicial independence in #HongKong nowadays when it comes to commercial disputes. The point I made in this article is one of the facets - more context on just this one point in this thread: (1/12)
To start with, of course we are not yet in the territory of #HongKong judges being told how to rule in commercial cases. And we probably won’t yet see Mainland Chinese businesses being given undue favour in commercial disputes. All good right? NO. The battering that… (2/12)
… #HongKong legal system’s international reputation is taking due to human rights/political cases is having a real impact on the recruitment of judges, including judges suitable for commercial cases. High-earning HK commercial silks are now even less willing… (3/12)
Personally I’m not sure about “capitulation” language either, but specifically addressing Adam’s question about what it should take from China for anyone (not just so-called “hawks”) living in the free world to stop seeing China as an adversary, I have a 14-point list: (1/8)
The answer to this “crucial question” is obviously not “wrong”, but query whether it really is a “crucial question” or even a right question. A thread by reference to #HongKong experience: (1/12)
It may be a asked, is #HongKong’s freedoms eroded even more quickly after the unyielding protests of 2019 which prompted Beijing to act (just as Pelosi’s visit prompted Beijing to act in relation to #Taiwan)? That answer is almost certainly yes. (2/12)
Every #HongKong person who supported the 2019 protests that I spoke with in recent years knew full well that by protesting as they did, Beijing’s full crackdown on HK was imposed sooner than otherwise. (3/12)