As Thousands Condemn Hong Kong Extradition Bill, Global Law Firms Remain Silent
Individual lawyers have participated in the protests in their individual capacity. But global law firms operating in Hong Kong have so far declined to publicly take a stand.
June 13, 2019 at 01:35 PM
5 minute read
A controversial extradition bill in Hong Kong that prompted tens of thousands of people in the city to take to the streets, also prompted Hong Kong's Bar Association and Law Society to issue strong statements of concern. But global law firms in Hong Kong have largely remained silent.
The Hong Kong government is trying to amend an extradition law that would allow the city's authorities to send alleged criminals in Hong Kong to China. Political crimes are not included in the list of crimes that would allow for extradition, but critics fear the new law would also target political activists. They worry that under the new law, anyone in Hong Kong could be picked up and put on trial in China, which has a different legal standard and where judges must answer to the Communist Party.
The bill also represents something larger – a fear among many in Hong Kong that Beijing is increasingly encroaching on the special administrative region's autonomy, which China guaranteed to uphold until 2047 when Britain handed over the former colony in 1997. They fear the promised policy of "one country, two systems" is eroding, and the rule of law could weaken.
In April, two months after the government proposed the amendments, the Hong Kong Bar Association expressed concerns about the bill, noting "significant differences between the judicial and criminal justice systems practised in Hong Kong and the mainland in terms of protection of fundamental human rights". A letter sent on Wednesday to Carrie Lam, Hong Kong's chief executive, said the association "urges the government to withdraw the bill for a full and proper consultation".
In addition, the Law Society of Hong Kong, the city's conservative professional body for solicitors, made a rare statement of disapproval last week, calling for the government to halt a vote and consult with more stakeholders.
But global law firms operating in Hong Kong have remained silent.
To be sure, some lawyers at global firms took part in a silent march last week in protest, including Kennedys Law disputes partner Kevin Yam and Skadden, Arps, Slate, Meagher & Flom of counsel Antony Dapiran – both in their own personal capacity, according to social media posts. However, the global firms themselves have not taken a stance. The Asian Lawyer contacted 22 major international firms in Hong Kong about the extradition bill. All of them declined to comment.
Meanwhile, more than one million people marched for hours to protest the proposed law Sunday, according to organisers; and tens of thousands blocked roads in Hong Kong's business districts of Admiralty and Central on Wednesday. Local law firms such as Ho Tse Wai & Partners closed so its staff could participate in the Wednesday protests, while Vidler & Co. Solicitors allowed its staff to go on strike, "in the event they wish to act in accordance with their conscience", the firm said in a social media post. "Their action will be supported by the firm," it added.
A global firm also allowed its staff to participate in the protests. "Staff members can express their views and participate in social movements," said a Hong Kong-based partner at the firm. "Some of our lawyers, for example, participated in the legal community's silent march last Thursday."
A flexible working arrangement has also been in place for events like the protests. "Our staff's safety is our utmost priority and, although our office remains open as usual, we have encouraged staff to utilise flexible working arrangements if they deem necessary, including working from home or leaving the office at different times," the partner said.
A Hong Kong-based spokesperson for Freshfields Bruckhaus Deringer said the firm has had an agile working policy in place for some time. "Those whose journeys were likely to be disrupted were asked to consider working from home in accordance with our agile working policy," the spokesperson added.
The Wednesday protest turned violent, with police firing tear gas, pepper spray and rubber bullets on protesters blocking the roads. At least 79 people have been injured, including two men in a serious condition, according to local media reports.
The Bar Association said in a statement on Wednesday that it "strongly condemns any act of violence perpetrated by any party", and that police appeared to have "acted in disregard of the safety and wellbeing of protesters and frontline journalists covering the protests". The Law Society said in a statement on Thursday that "it is sad and regrettable" that there was violent conflict during the Wednesday protests, although it stopped short of naming the police.
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