Judge chastises Hong Kong law firm handling bulk of city’s torture claims, for misconduct on five cases by asylum seekers
M. C. A. Lai & Co. found liable for costs incurred from adjournment; judge also warns against maintenance or champerty in such cases
A local law firm handling the majority of Hong Kong’s torture claims has drawn criticism from a District Court judge, who accused its lawyers of misconduct and of causing the adjournment of cases brought by five asylum seekers.
While stressing that the legitimate rights of foreigners seeking refuge are protected by law, judge Andrew Li Shu-yuk asserted in passing that offences related to maintenance or champerty would be tackled.
The former is where a third party intervenes to encourage a lawsuit, while the latter is when a person funds a case to win a portion of any compensation.
In a ruling on claims for costs handed down on Wednesday, the judge found that lawyers from Messrs M. C. A. Lai & Co. had failed to submit all the documents for a pre-trial hearing last month as scheduled, which resulted in the adjournment of the cases of Mir Moazzam, Subhan, Rana Shahzad Ahmad, Ahmed Zaheer and Dhiman Jasvir.
The foreigners were seeking compensation for unlawful detention by the Immigration Department.