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Henry Litton

20 articles published

Judiciary spent 2 ½ years examining which toilet a person should use

Asia has largely avoided the unhelpful “which toilet should ‘x’ use?” debate that has divided the west. But Hong Kong sometimes drifts in that direction, warns former top judge Henry Litton. THERE IS A LATIN MAXIM which says De minimis non curat lex: “The law does not concern itself with trifles”. This principle protects the…

August 12, 20250Comments ByHenry Litton

Culture Hong Kong News Opinion

Hong Kong’s balancing act on same-sex marriage

Hong Kong is performing a tricky balancing act on same-sex marriage. While some legal practitioners push towards western liberal attitudes, other community representatives feel Hong Kong, as part of Asia, will naturally be more traditionally family-focused. But there are also legal issues at stake, with the judicial and executive branches of the government each needing…

July 15, 20250Comments ByHenry Litton

Hong Kong News Opinion

Golf controversy leaves the law stranded in the bunker

A decision to use a section of Hong Kong's best-known golf course for much-needed public housing became a major controversy. The necessary environmental impact assessment was misunderstood as a referendum on the public housing project, leading to widespread confusion, reports retired judge Henry Litton. The government’s proposal to take over a portion of the Fanling…

January 16, 20250Comments ByHenry Litton

Hong Kong News Opinion

When Hong Kong’s leader was wrongfully jailed as a criminal

It was a shocking turn of affairs. A respected former leader of Hong Kong was relentlessly pursued by lawyers and eventually thrown in jail as a criminal – before further examination established that he was not guilty of anything and had been wrongly imprisoned. It was a long nightmare for Donald Tsang Yam-kuen, a popular…

January 10, 20250Comments ByHenry Litton

Hong Kong News Opinion

When lawyers decided to bring down Hong Kong’s Chief Executive

One of the signs that Hong Kong has a world-class legal system is the way judiciary and government often disagree on outcomes. That shows healthy independence. But there have been cases in which people in the city's legal sector, using taxpayer legal aid money, attack the Chief Executive to create political theatre and hurt our…

January 2, 20250Comments ByHenry Litton

Features Opinion

Rogue Elephant and Tethered Goat: a fable

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…

October 30, 20240Comments ByHenry Litton

Hong Kong News News Opinion

CFA’s ‘Elephant in the room’

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…

October 2, 20240Comments ByHenry Litton

Hong Kong News Opinion

Tyranny of ideology: words are too elastic in same-sex marriage legislation

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…

April 11, 20240Comments ByHenry Litton

Hong Kong News News Opinion

Shortage of judges in Hong Kong may be self-inflicted

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…

March 14, 20240Comments ByHenry Litton

China news

Legal puzzle: Cases are being filed by people with nothing to gain

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…

February 18, 20240Comments ByHenry Litton

Henry Litton

Judiciary spent 2 ½ years examining which toilet a person should use

Hong Kong’s balancing act on same-sex marriage

Golf controversy leaves the law stranded in the bunker

When Hong Kong’s leader was wrongfully jailed as a criminal

When lawyers decided to bring down Hong Kong’s Chief Executive

Rogue Elephant and Tethered Goat: a fable

CFA’s ‘Elephant in the room’

Tyranny of ideology: words are too elastic in same-sex marriage legislation

Shortage of judges in Hong Kong may be self-inflicted

Legal puzzle: Cases are being filed by people with nothing to gain

Trump’s Department of War and China’s forgotten letter

The hidden message in the names of China’s new military weapons

Is God antisemitic?