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25 June 2021 / Dr Ping-fat Sze
Issue: 7938 / Categories: Features , International justice
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Hong Kong & the rule of law — sinking fast?

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In Hong Kong, the right to a fair trial is becoming increasingly hypothetical, argues Dr Ping-fat Sze
  • The case of a migrant worker who was found guilty, despite copious evidence which did not support the prosecution case, and question marks surrounding his shooting by police.

In his illuminating article on the trial of Derek Chauvin for the murder of George Floyd in Minneapolis, Professor Michael Zander QC wrote that, ‘without video evidence, one wonders whether there would have been criminal charges, let alone a conviction’ (‘The US: jury unanimity needed (Pt 2)).

In a police shooting case decided by the District Court of Hong Kong in April 2021, however, the gunshot victim was charged, convicted and given a heavy sentence for having attacked two police officers with a paper-cutter, despite the fact that the video evidence did not support the prosecution case at all.

HKSAR v Chow

On the morning of 7 November 2018, officers of the Police Tactical Unit (PTU) carried out stop-and-search duties at the concourse of the subway

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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