Hong Kong's judicial system has become so soft that an opinion expressed by a member of the public can grow into what seems to be an actual court hearing, when it is no such thing. Top legal specialist Henry Litton reviews a recent example.
THE RULE OF LAW in Hong Kong is a structured…
The journey taken by the prosecution relating to a famous illegal march in August 2019 has been bizarre, reports Henry Litton.
THE FINAL DETERMINATION in the Court of Final Appeal ( CFA ) of the case arising from the so-called “818 Procession” is both bizarre and disturbing. The case was founded on hard facts and clear criminality, yet…
A look back at two pivotal same-sex marriage cases in Hong Kong show a lack of evidence, and a worrying elevation of imported European views over this community's own values, says senior legal mind Henry Litton.
“Where Law Ends, Tyranny Begins”.
This sentence (carved in stone over the entrance to the Capitol Building in Des…
THERE IS AN ACUTE shortage of High Court judges in Hong Kong.
The recent recruitment exercise yielded only four appointments, leaving still a number of vacancies unfilled. Can it be that the problem is largely internal? Self-afflicted?
What if the culture within the judiciary were to change, and judges learn to act in a focussed…
Courts function best when genuine cases are filed, logical decisions are made, and clear, concise judgments are issued.
But the Hong Kong legal system has unfortunately caught a worrying habit associated with the west’s human rights industry: the appearance of “confected” (elaborately constructed) cases or judicial reviews based on a legal point that is not…
As an international business center, Hong Kong needs a world-class legal system, based on clearly expressed legislation and precedents.
But in recent years, its flexibility has been exploited by people who file muddled, complex, mega-lengthy cases—often ones that don’t even involve them.
Some of these come across as thinly disguised political grandstanding.
Absurd complaints over…
People with the right to work in modern cities can legally get a dependant’s visa for their spouses. Whether it is a heterosexual couple or a same-sex couple makes no difference. Yet Hong Kong’s immigration chief rejected a woman’s application for her female partner, triggering a legal debate on discrimination and human rights that was…
In Asia, marriages exist as unions between DNA men and DNA women: 48 out of the region’s 51 territories agree on this point.
But the issue is more complex if one of the individuals has changed sex.
Such a case wound its way through Hong Kong courts, creating some interesting issues of law,…
Rule of Law? Or rule by judges? Do police officers have human rights? What has a case about police officers’ identification numbers got to do with a law against torture?
These questions had curious answers in 2020 declaratory judgments in Hong Kong. Henry Litton looks back at some unusual legal logic.
A PRINCIPAL TENET of…
A recent court case over same-sex marriage in Hong Kong was troubling; Not because it argued in favor or against such a development, but because it was based on a law that said nothing whatsoever on the subject.
Furthermore, the debate spun itself off into areas that were clearly part of a very western discussion…