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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

Hong Kong News Opinion

Agitators have been making needless trouble in Hong Kong legal sector

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…

February 8, 20240Comments ByHenry Litton

Hong Kong News Opinion

Same-sex couple in Hong Kong had a tortuous road to justice

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…

January 21, 20240Comments ByHenry Litton

Culture News Opinion

The west’s PC question reaches Hong Kong: ‘What is a woman?’

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,…

January 14, 20240Comments ByHenry Litton

Hong Kong News News Opinion

The curious case of the police ID badges

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…

January 7, 20240Comments ByHenry Litton

Hong Kong News News Opinion

Why is Hong Kong’s recent same-sex marriage case a western debate?

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…

December 28, 20230Comments ByHenry Litton

Hong Kong News News Opinion

Is the separation of powers a dead letter in Hong Kong?

Critics say that it has become harder to become a District Councillor in Hong Kong. But that was precisely the point. When we look at the dramatic change in the council's activities in recent years, the alterations make sense, say some observers. Nevertheless, the recent legal challenge to the revisions was problematic, as…

December 18, 20230Comments ByHenry Litton

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

Agitators have been making needless trouble in Hong Kong legal sector

Same-sex couple in Hong Kong had a tortuous road to justice

The west’s PC question reaches Hong Kong: ‘What is a woman?’

The curious case of the police ID badges

Why is Hong Kong’s recent same-sex marriage case a western debate?

Is the separation of powers a dead letter in Hong Kong?

Truth at last: Yes, Chinese Uyghurs ARE treated badly

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