Law Firm Staffer Tear Gassed in Hong Kong as Debate Intensifies on How Firms Are Protecting Staff
Several international firms are now closing early and others are testing emergency communications as violence continues to escalate in the Asian financial hub.
November 12, 2019 at 06:03 AM
6 minute read
At midday on Monday, as office workers stepped out for lunch, riot police gathered in Hong Kong's central business district and tensions between protesters and law enforcement came unexpectedly to a head.
"It escalated so quickly, then police launched tear gas into the crowd," a law firm staffer told Legal Week, Law.com's U.K. affiliate. "It felt like my lungs were on fire."
Events of recent days, such as the death of a student last Friday, have drawn the attention of global media, with violence occurring abruptly within working hours, affecting a wide range of people.
The person – who holds a senior position at a U.K.-headquartered international firm and spoke with Legal Week on the condition of anonymity – said a projectile was also fired in their vicinity, narrowly missing them and hitting a metal railing: "It sounded like a solid metallic object," the person said, but was unable to discern the exact nature of the object.
They said that riot police goaded protesters in the central business district of Hong Kong, inviting them in Cantonese to approach the heavily armed force.
The person, who said they were not party to the protests and were present with colleagues, managed to find refuge in a nearby building and is now clear of the danger. However, they expect the violence to continue throughout the week, with local reports indicating that protesters are planning to regroup. When asked about what their firm is doing to ensure the safety of their staff, the person said that there is a work-from-home policy in place and that the violence can be avoided that way.
"It felt like my lungs were on fire"
Until now, many of the law firms operating in the region have been largely isolated from the turmoil, which broke out this summer following proposed legislative changes that would have allowed local authorities to extradite suspected criminals to territories of the People's Republic of China (PRC). The move was perceived by sections of Hong Kong's population as anti-democratic and an affront to the region's autonomy.
But violence in the region has gradually escalated and received renewed attention over the weekend, with global media reporting that one person had been shot and another set on fire. And on Friday, a student involved in the protests fell to his death, according to reports.
Another person at a U.K.-headquartered firm explained that their firm's management teams were "taking an active role" in monitoring the situation, and are reporting to the firm's board on a weekly basis. The firm is also, according to the person, taking advice from industry bodies based in Hong Kong as well as from the embassy. It is also actively encouraging staff to work from home and to commute outside of peak hours.
Closing early and testing emergency systems
"International firms are talking to one another," the person said, adding that it was a very "collaborative environment". The firm is also in the midst of testing emergency comms systems, according to the person.
Another person close to the situation said law firms had started closing offices early so staff can avoid clashes, which tend to occur outside of working hours. A senior partner at another firm also said his firm had started closing its doors early.
A Hong Kong partner at a Magic Circle firm doubted that many firms in the region had solid procedures in place for dealing with a conflict that is "mostly seen as 'over there'".
"It's unlikely you'll find a firm with a fire drill[-style] set of procedures in place on this because: a) they see this as a distant thing between idealistic local kids and police; and b) they haven't been touched by it yet. This is mostly an expat bunch still in expat mode. They work here, but their mind is [in London]."
The partner added, however, that everyone needs to "keep their eyes open" and that firms he was familiar with were all "monitoring the situation".
Most other large firms with offices in the region declined to comment when asked about the situation, with many pointing to the sensitive nature of the story, and that it was a divisive matter on which they were not willing to respond on-record.
It's unlikely you'll find a firm with a fire drill-style set of procedures in place.
A person at a second Magic Circle firm said simply that "the safety of our staff is of utmost concern", while a spokesperson at a top 10 U.K. firm said that the firm was "continually monitoring the situation".
Life in Hong Kong
Though they had at one time or another witnessed outbreaks of violence, two partners in the region said they had not personally been affected by the hostilities, which they said were largely restricted to particular quarters.
One lawyer in the region said life had generally been allowed to carry on as usual, as the protests generally started at specific times, but that the latest outbreak had been unexpected.
The lawyer summarised the turmoil as "scared kids on one side" and "scared policemen on the other, thinking they didn't sign up for this".
They added: "No one seems to have the sense or clout to stand back and take a breath."
Several global law firm staff expressed concern about the Hong Kong protests this past summer.
"The protests have changed the day-to-day decisions made: at the bare minimum you'll have disruptions coming into or leaving work or meetings, but there are also safety issues to bear in mind," one partner at an international firm said. "In the week, people are constantly shuttling around and people have changed their behaviours as a consequence of the protests."
"A lot of the battle has been very central, but Hong Kong is a hub for travelling and that impacts on everything and everyone's decision-making. Many transportation links cannot run, the underground is overloaded and fights occur, it's an incredible disruption."
"For some firms this might be an opportunity to right-size their offering there"
Another person who works at a global law firm said the legal industry in Hong Kong could eventually change as a result.
"The query now is whether Hong Kong as a market has gone down in importance, and for some firms, this might be an opportunity to right-size their offering there," they said. "If you're only there for the short term you might just think well, bollocks to that, let's leave. It also depends on your partners' patience: if they think they're going to get reduced profits, they might put pressure on the firm to reconsider its position."
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