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…
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…
An ultra-simple magistracy-level case in which the facts were not in dispute was blown up into a years-long string of high level hearings by the improper injection of headline-friendly concepts from the west.
Below, top legal commentator Henry Litton looks back at a notorious lawsuit which illustrates how Hong Kong's legal sector has been…
The concept of “human rights” has triggered distortions in the legal process in Hong Kong that are causing serious problems for the judiciary, says Henry Litton, a senior legal commentator. This is the second of two parts, but can be read independently. To read the first part, click this line. To read an earlier essay…
Hong Kong’s superb legal system was often rated best in Asia, and better than that of many places in the west. But it has been gradually undermined by absurd cases slipped into the system under the guise of “human rights” awareness, says former top judge Henry Litton, one of the world’s most respected legal minds.…
“Human Rights” sounds like such a worthy, positive concept. But it has been used to poison the Hong Kong legal system, says former judge Henry Litton, one of the most widely respected legal minds in common law.
THE HUMAN RIGHTS INDUSTRY found its first roots in 1991 when the Hong Kong Bills of…