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Hong Kong Legislators Pass ‘patriotic’ Oath Law

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Hong Kong Legislators Pass ‘patriotic’ Oath Law

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Beijings National Security Rules Will Destroy Hong Kongs Law

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Her current positions in public service include memberships in the Judicial Officers Recommendation Commission, the ICAC Advisory Committee On Corruption, the Hong Kong Tourism Board, and the Board of the West Kowloon Cultural District Authority. In 2007, ALB awarded the STAR in-house legal team as the Best In-House Media Lawyer Team. She completed the Women Directorship Program organized by Hong Kong University in 2016. Much of the trial was spent on arguments over the meaning of the “Liberate Hong Kong” slogan, which was ubiquitous during mass protests in 2019.

Officials reject the criticisms and say Beijing is restoring order and instituting national security protections similar to those of other countries. Hong Kong law provides for freedom of movement, including internal movement, foreign travel, emigration, and voluntary return, but during the covered period the government limited this right in certain cases. Hong Kong law enforcement used a provision of the NSL to seize travel documents from democracy activists and opposition politicians arrested under the NSL, including law firm the 55 individuals arrested in January, even without filing charges. Government prosecutors sometimes asked courts to confiscate travel documents or enforce travel bans for activists, protesters, and politicians facing charges for non-NSL crimes related to nonviolent participation in anti-government protests. Activists reported in August 2020, the HKPF monitored a group of twelve activists with travel bans who sought to travel to Taiwan by speedboat, leading to their detention by the China Coast Guard.

Statement On The 2020 Hong Kong National Security Law

Critics, including the American Chamber of Commerce, point out that Hong Kong presently enjoys a reputation for being a relatively low-crime jurisdiction. The Hong Kong government now wants to amend the law to allow for extradition on a case-by-case basis with countries not already covered by mutual agreements—and this would include mainland China, doing away with the geographical restrictions on the PRC in the current rules. First announced in February and formally introduced in April, the proposed extradition law seeks to update existing laws that govern extradition processes and legal assistance between Hong Kong and other jurisdictions. Specifically, it amends the Fugitive Offenders Ordinance, and the Mutual Legal Assistance in Criminal Matters Ordinance.

He was elected to LegCo in 2016 with the highest vote count , and was congratulated by an elderly villager who brought him a basket of homegrown produce. Four years later, , government security guards physically removed Chu and his pro-democracy colleagues from the legislative chamber during a procedurally dubious process. He has been held in custody while awaiting trial for violating the National Security Law. Eddie Chu is a land rights activist known for standing up to criminal gangs in defense of rural villagers He was elected to LegCo in 2016 with the highest vote count , and was congratulated by an elderly villager who brought him a basket of homegrown produce. In March 2021, Beijing imposed further “electoral reforms,” changing the rules so that only those loyal to the Chinese Communist Party could win a seat in Hong Kong’s elections. In April 2021, following citizens’ calls to cast blank ballots to protest the changes, the Hong Kong government has also submitted revisions to the electoral laws to prohibit “incitement of others to cast blank ballots,” with sentences of up to three years in prison.

Can I Take My E Cigarette To Hong Kong Airport?

After Britain handed back Hong Kong to China in 1997, the ‘one country, two systems’ agreement was signed allowing Hong Kong a ‘high degree of autonomy’ until 2047. The city has freedoms unseen in Mainland China, which is governed by the Chinese Communist Party . The case comes at a time of further scrutiny of the legal system in both Hong Kong and China. Rights groups and legal experts have criticized Tong’s conviction, however, arguing that it has laid the groundwork for further criminalizing forms of free speech. “I don’t want to lose sight of the individual, but so much of this, of course, is about the potential chilling effect going forward, in what is already a very frigid atmosphere,” said Maggie Lewis, a Taiwan-based law professor for Seton Hall University. Tong’s defense lawyers had previously asked for the minimum sentence of three years, arguing that Tong had been reckless but did not deliberately mean to crash into police, and that he had shown remorse for his actions.

There were reports of unexplained visa delays for foreign journalists, as well as outright restrictions on foreign journalist access in Hong Kong. In July 2020, the Hong Kong government denied the renewal of a residence permit to an Australian journalist employed by The New York Times. The company announced later that month it would relocate its regional digital operations from Hong Kong to Seoul due to concerns about the NSL.

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The economy is bouncing back strongly from the effects of COVID-19, but that confidence isn’t filtering through to all the city’s potential future business leaders. It says the new immigration bill will only target people it calls fake refugees, who try to enter the city illegally, or who claim they can’t be deported after arriving. The latest worry for Hong Kongers is the potential end to their freedom of movement. Critics warn it could give authorities the power to ban residents from entering or leaving the city. But, as special correspondent Richard Kimber reports, critics say the legislation’s wording is deliberately vague and could give it the power to ban residents from leaving the city.

Three months ago, analysts wondered if the coronavirus would be Xi’s “Chernobyl moment,” as angry Chinese citizens cried for freedom of speech and accountability, infuriated by the government’s lack of transparency and thousands of COVID-19 deaths in Wuhan. The idea was radical when pro-democracy protesters first used it last year to call for escalation in face-offs with the police. If Hong Kong had no hope of preserving autonomy peacefully, they reasoned, then Hong Kongers should drag China down with them in flames together. Hong Kong is a “purely internal affair that allows no foreign interference,” Chinese Foreign Ministry spokesman Zhao Lijian declared at a recent news briefing.

The decision of the Court of Final Appeal , being its first on the NSL, will set the tone for the judiciary in its approach to this controversial piece of legislation. It argues that the Court has unnecessarily entered into a jurisdictional question when this could have been avoided. While the hands of the Court may be tied, it warns against the risk of the Court not holding a draconian provision to the utmost scrutiny. We offer Chinese companies one of the leading litigation platforms – including litigators who have experience understanding the unique risks and considerations China-based clients facing disputes around the world. We represent clients in commercial litigation, product liability, trade secrets misappropriation, intellectual property and regulatory investigations. We have a renowned international arbitration practice that represents clients and sovereign states before all major arbitral institutions and acted under all leading sets of rules including BITs, ECT, ICC, WIPO and CIETAC.

HongKong lawyer

Recent arrests have intensified concerns that Beijing is asserting more control over the city, drawing criticism that it was breaking its promise of Hong Kong maintaining separate civil rights and political systems for 50 years from the handover from Britain in 1997. In 2009 the Chinese government decided to turn Shanghai into an international work permit turkey financial centre. Shanghai is now home to the fourth-largest stock exchange in the world in terms of market capitalisation, with Hong Kong the fifth. Shanghai has also recently leapfrogged Hong Kong to the fourth in the recent Global Financial Centres Index, showing its increasing global recognition and competitiveness.

Hong Kong: First Person Jailed Under Security Law Given Nine Years

It draws on overseas legislation and jurisprudence that inspired the provisions in the Ordinance and incorporates a detailed examination of the latest cases decided by the Competition Tribunal. It engages in relevant academic debates and theoretical analysis of how competition law in Hong Kong should develop in light of its unique economic and political contexts. Details of the proposed law, which has prompted protests in Hong Kong, were revealed for the first time after China’s top legislative body, the National People’s Congress Standing Committee, concluded its three-day meeting on laws on Saturday afternoon. So I think people — there’s a lack of trust with the government, and there’s a lack of scrutiny, because the people who have been the ones scrutinizing the government in the legislative council, many of them are no longer there, some of them in exile. Mr. Liang was previously in private practice at Davis Polk & Wardwell, where he worked in the firm’s New York, London and Hong Kong offices, focusing on capital markets and corporate finance. He has a keen interest in mentoring and is active through various university alumni mentoring initiatives.

HongKong lawyer

“The Hong Kong government must stop using its excessively broad definition of ‘endangering national security’ for the blanket restriction of freedoms. As a start, it must drop all criminal charges against those currently facing prosecution for exercising their human rights,” said Yamini Mishra. Based on analysis of court judgments, court hearing notes and interviews with activists targeted under the NSL, Amnesty’s briefing shows how the legislation has been used to carry out a wide range of human rights violations over the past 12 months. “In one year, the National Security Law has put Hong Kong on a rapid path to becoming a police state and created a human rights emergency for the people living there,” said Yamini Mishra, Amnesty International’s Asia-Pacific Regional Director. The new “film censorship” amendment bill will help enhance the regulatory framework, the government said in a statement, with a view to “ensuring more effective fulfillment of the duty to safeguard national security.”

Leaked Propaganda Directives

Vanguard has more than $7 trillion under its management and is the only mutual fund company with a financial structure built to benefit the shareholders in its mutual funds. The Asia Internet Coalition, an industry group representing companies like Facebook Inc., Alphabet Inc.’s Google and Twitter Inc., detailed several objections to doxxing rules last month. Among the key issues raised by the group was the absence of a concrete definition of doxxing, which is commonly understood as the disclosure of someone’s personal information against their wishes. The Legislative Council began debating legal changes that would create new punishments for posting information deemed harmful. Disclosure of data that harms individuals or their relatives would be punishable by as long as five years in prison and fines as large as HK$1 million ($130,000).

HongKong lawyer

When opportunities arise, other related treaties and agreements should also be re-evaluated and amended as necessary. Exploring an effective legal regime to cope with future pandemics should begin with how to enhance and ensure cooperation and coordination of states and international organisations with the fragmentation challenge in mind. Yet on 12 occasions, between 2014 and 2019, the Hong Kong Court of Final Appeal issued a substantive decision only in the depersonalised voice of “the Court” — that is, with no attribution in authorship or delivery to any member of the bench.

“Such regulatory measures, by imposing undue restrictions on funding and punishing recipients of foreign funding, infringe on the right to freedom of association as well as other human rights”, argued the experts. The Special Rapporteurs called on China to ensure that associations can seek, receive and use funding from foreign or international sources, without undue impediments. The Director of Legal Aid is responsible for the administration of Home Affairs Bureau after 1 July 2007. Eligible persons are provided with legal representation depending on their financial circumstances. The legal bodies governing the conduct of solicitors and barristers are the Law Society of Hong Kong and the Hong Kong Bar Association, respectively. There are currently three law schools offering the Postgraduate Certificate in Laws, required for starting work as a trainee solicitor or pupil barrister.

  • Though the law doesn’t target the technology sector per se, speculation is rife about how it may affect entrepreneurs and larger companies as they go about their day-to-day operations and long-term plans.
  • The newly introduced offences criminalise certain forms of insulting behaviour towards the national anthem.
  • Wong, 71, was arrested along with 10 others over allegedly helping Hong Kong activists flee the city in August.
  • While many scholars have stressed the role of guanxi in conducting law and society fieldwork in China, rarely explored is the relationship between guanxi and other factors such as social class, gender, overseas status and politics.

Applicants must also hold a valid International English Language Testing System Certificate with an overall score of 7 or above. As many areas of professional activity are related to law, we welcome applications from applicants who work in the areas of energy, environmental preservation, public administration, and similar relevant fields. China’s legislature has mandated changes to the makeup of the city’s Legislative Council to ensure an overwhelming pro-Beijing majority, and required that only those it determines “patriots” can hold office. The Hong Kong High Court handed down the verdict in the case of Tong Ying-kit, 24, who was accused of driving his motorcycle into a group of police officers while carrying a flag bearing the protest slogan “Liberate Hong Kong, revolution of our times.”

HongKong lawyer

The law requires that Hong Kong “shall promote national security education in schools and universities.” The last time Hong Kong tried to introduce Chinese civic education into local schools in 2012, tens of thousands of people protested on the streets, arguing it constituted mainland propaganda. “The national security law is the most important development in securing ties between China and the Hong Kong Special Administrative Region since the handover,” she said, framing criticism of the law as “vicious attacks.” “The national security law makes me wonder how far would China go. Right now I don’t see a bottom line and there’s probably none. I think it’s possible they will target Taiwan next,” she said. The passage of a national security law on Hong Kong has put Taiwan on edge, with pro-democracy activists fearing that Beijing will soon have the self-ruled island in its crosshairs.

Beijing will set up a national security office in the city to supervise and enforce the law, and offenders can face up to life imprisonment. While Chinese officials have stated that the law will only be used to punish a small number who endanger national security, it is being widely viewed by activists and pro-democracy residents as the most serious threat to the city’s relative freedoms since the 1997 handover. On May 28, China’s National People’s Congress approved a controversial national security law that would further expand mainland China’s influence over Hong Kong. The move follows ongoing protests since last year that were originally triggered by a proposed extradition law. HONG KONG — The first person to be tried under Hong Kong’s sweeping national security law was found guilty of secessionism and terrorism on Tuesday in a ruling closely watched for indications of how the law will be applied as China tightens its grip on the city long known for its freedoms. Multinational companies are seldom sentimental about a country’s political system, but some businesses have good reasons to locate in a democracy.

HongKong lawyer

Law’s relocation would have been a difficult experience at any time, but in the midst of the pandemic has been especially demanding. “It’s been quite intimidating to move in this period of time, but I basically had no choice,” he said. Peaceful marches were met with tear gas and less lethal munitions, water cannons and batons. Protesters have used makeshift clubs, Molotov cocktails and even bows and arrows in clashes with police.

HongKong lawyer

Since late 2019, banks including Macquarie and Nomura have ceded office space in the International Finance Center complex in Hong Kong island, which is also home to the city’s de facto central bank. In this month’s newsletter, we have included a number of medical law updates on mental capacity, limitation period and medical malpractice, inclusive of the verdict above. We also highlight new publications that consider how law and ethics—as generative processes—contribute to the knowledge and practice of digital medicine. In an editorial and a journal article, legal and ethical values and processes that constitute a learning health system are considered in relation to the care of patients with chronic kidney disease and in end-of-life decision-making. In the same vein, a book chapter published in an edited monograph to celebrate the 20th anniversary of the national bioethics advisory committee in Singapore considers how ethical governance and law have contributed to the digitalization of the island state’s healthcare system since 2001. Mass quarantine, called ‘lockdown’, can be said to be an invention of the Chinese authorities who shut down transport systems in Wuhan, the first known epicentre of the COVID-19 outbreak, in January 2020.

HongKong lawyer

The heads of our Practice Groups are experienced international lawyers who have practiced in Hong Kong for many years. Therefore, we are able to give all of our clients a thorough understanding of the culture of their relevant target market. Our market niche is local and overseas business and private clients who require a combination of professionalism, practicalism, cross border skills, sound local knowledge and a results-oriented approach to resolve their business problems. We currently have some 45 lawyers, admitted to one or more jurisdictions, including Hong Kong, France, the United Kingdom, the United States, Australia and Canada. We also have a thriving China practice, carried on from our Hong Kong and Shanghai offices and when necessary with our associate legal network in Mainland China.

HongKong lawyer

Administrative law in Hong Kong is heavily modelled on its counterpart in England and Wales, especially the law of judicial review. This applies both to the procedure and grounds of judicial review, though there is some divergence in various areas. Some aspects of administrative law, for example administrative tribunals, were originally modelled on their counterparts in England and Wales but have not been systematically reformed for decades.

A fully successful transition in the exercise of sovereignty over Hong Kong must safeguard human rights in and of themselves. There is provision for implementation of a “one country, two systems” policy, under which Hong Kong will retain its current lifestyle and legal, social, and economic systems until at least the year 2047. On Wednesday, the Chinese government staunchly defended the law, calling it a perfect embodiment staying permit turkey of the “one country, two system” policy. Opponents of the law say it marks the end of the “one country, two systems” — a principle by which Hong Kong has retained limited democracy and civil liberties since coming under Chinese control. The law also directs the Hong Kong government, along with the new commission, to strengthen its management over foreign news agencies and non-government organizations.

HongKong lawyer

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