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10 February 2023 / Dr Ping-fat Sze
Issue: 8012 / Categories: Features , International justice
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Hong Kong: legal future in doubt?

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The denial of Jimmy Lai’s right to be defended by a lawyer of his choice casts serious doubt on Hong Kong’s legal future, says Dr Ping-fat Sze
  • The decision of the first instance court, the appeal court and the final appeal court to allow a London silk to represent Hong Kong businessman Jimmy Lai, awaiting trial on national security charges, is now pending a final determination from the National People’s Congress in Beijing.
  • Non-compliance with mandatory provisions of Hong Kong’s Basic Law seems to depend on the circumstances in question. The appointment of temporary judges by the chief justice serves as an apt example of this.

The rule of law in Hong Kong hit the headlines again at the end of last year, as the justice secretary turned to Beijing to stop a leading London silk, Tim Owen, defending Jimmy Lai against sedition and collusion charges under the national security law (see Baron Pannick, ‘Hong Kong media trial is crunch time for its rule of law’,

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NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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