Pro bono legal work can help advance social justice in Hong Kong
Edwin Rekosh and Tze-wei Ng say a more active pro bono culture in Hong Kong will serve the disadvantaged by improving their access to legal justice and will bring us in line with a wider trend
Hong Kong is well recognised as a global financial capital and is blessed with one of the world's most mature legal systems. However, a quick survey of law firms here will show that the amount of pro bono work carried out lags behind peer cities like New York, London and Singapore. Why is this, especially when, despite its glistening image, Hong Kong has one of the most severe wealth gaps among developed regions?
Pro bono derives from the Latin phrase, pro bono publico, or "for the public good". When it applies to lawyers, it means voluntary and free legal service by lawyers for the public good.
It is no replacement for legal aid, which is state-funded; but it can help identify and fill the gaps in legal needs. It also addresses a broader spectrum of needs than those covered by legal aid: it can serve a broader social purpose by supporting the work of non-governmental organisations, thus helping them better serve the disadvantaged in society.
There are various reasons why the culture of pro bono hasn't taken root in Hong Kong: the long working hours of a lawyer practising in Hong Kong, the culture of giving money rather than time, and the strict professional rules on liability insurance coverage, which deter lawyers from taking up pro bono cases unless they have their firm's support, and so on.
At the end of the day, for lawyers, pro bono is not just extra work they take on; it is also fun and fulfilling
It is also hard to set up law school clinics in Hong Kong - which would enable law students to do and learn from pro bono work - due to similarly strict rules on the structure of a legal service provider.
However, Hong Kong is home to more than 7,000 registered charities, and has seen a doubling of social enterprises since 2007. All these NGOs contribute to making Hong Kong more diverse and fair, and pro bono assistance could help make their work more effective.