Just adding to this: while most judges won’t plagiarise as blatantly as Wilson Chan, he is by no means the only mediocre plodder type who chose to join the #HongKong judiciary as a stable income safe haven. And when the judiciary is stacked with mediocrities, … (1/5)
… it has a downstream impact on the quality of litigators working in #HongKong too. I can say hand on heart that at the elite end of the profession, litigators in HK are as intellectually bright as any in the common law world. However, as the quality of the judiciary … (2/5)
… deteriorates, it means that these really bright litigators are increasingly running cases in front of judges with vastly inferior intellects, meaning that it takes less intellectual effort (still a lot of grunt work of course) for these smart cookies to run rings … (3/5)
… around a bunch of mediocrities. Human nature being what it is, with the passage of time, the really bright litigators’ minds will also be dulled, with follow-on impact on quality: why use so much brains when it’s all so easy (in terms of thinking)? This, combined … (4/5)
… with top litigators in #HongKong having some of the most expensive charge-out rates in the world, means that businesses will increasingly find HK litigators to be poor value for money in terms of quality, which then impacts on HK as a dispute resolution centre. (5/5)
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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)
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)