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GillianHoFirstEssay 7 - 06 Apr 2023 - Main.GillianHo
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Rethinking My Practice
Foreword | |
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< | When I first considered applying to law school, one of my primary reasons was to be educated on constitutional rights and comparative law in anticipation of future negotiations between Hong Kong and Mainland China at the expiration of the "One Country, Two Systems" agreement in 2049. Born shortly after the handover, I had grown up with the hope that Hong Kong would be able to work towards elections by universal suffrage (in accordance with a 2007 decision made by the National People’s Congress) and maintain | >
> | When I first considered applying to law school, one of my primary reasons was to be educated on constitutional rights and comparative law in anticipation of future negotiations between Hong Kong and Mainland China at the expiration of the "One Country, Two Systems" agreement in 2047. Born shortly after the handover, I had grown up with the hope that Hong Kong would be able to work towards elections by universal suffrage (in accordance with a 2007 decision made by the National People’s Congress) and maintain | | | its judicial independence and right to free speech. Following the 2014 Umbrella Protests, Beijing signaled for Hong Kong’s reintegration. The fervent promotion of the Greater Bay Area signaled an accelerated convergence. At that time, I had hoped to acquire legal training to act simultaneously as a facilitator of increased business movement in the region and an advocate for Hong Kong’s unique constitutional features, in particular our ability to vote for representatives of our legislative government and the rights to such as the freedom of speech and press.
However, following the 2019 protests and subsequent passing of the National Security Law (NSL) in 2020, my envisioned role is dead. Given the national security threat accusations lodged against individuals and organizations perceived as critical of the CCP, the fulfillment of my aspirations would likely result in my arrest by Hong Kong authorities or the loss of my permanent residency status either through forced deportation or self-imposed exile. My intended practice has to be completely redesigned or abandoned. | | | The risk of violating the NSL is exacerbated by the eroded right to liberty and fair trial in Hong Kong. Under Article 44 of the NSL, the Chief Executive may exercise the power to designate judges at each court level to handle issues relating to the National Security Law. At the 2022 National People’s Congress, the Standing Committee ruled that Hong Kong’s chief executive can decide which lawyers are permitted to represent defendants and appoint judges for trials in NSL cases. The Hong Kong government has also previously proposed to remove legal aid applicants' right to choose legal counsel unless there are "exceptional circumstances" and reduce the number of legal aid cases lawyers can take on each year. As such, if the Hong Kong government and/or the CCP were determined to shut down the practice, the impartiality of the judicial system in the adjudication of these cases and the likelihood of political intervention would result in likely conviction.
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> | Acceptance of Exile | | | \ No newline at end of file |
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