Law | South China Morning Post
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Law

China to complete draft of climate change law in two years

Xie Zhenhua, vice chairman of the National Development and Reform Commission. Photo: Xinhua

China plans to draw on the experience of seven regional carbon markets as it drafts new national legislation in one or two years, according to the country's senior climate negotiator.

Friday, 19 April, 2013, 4:59am

Why 'no win, no fee' is no go for Hong Kong lawyers

Illustration: Henry Wong

In Britain, the United States and Australia, they call it "no win, no fee" litigation. A lawyer takes on a case for no upfront fee in return for a slice of whatever the client wins. It's considered a vital way to give those without the means to mount an expensive legal action a shot at justice.

7 Apr 2013 - 5:28am 3 comments

Beijing must ensure people's right to privacy

Li Shuangjiang and his son Li Guanfeng sing together. Photo: SCMP

The case of Li Guanfeng, the 17-year-old son of the prominent People's Liberation Army singing artist Li Shuangjiang, is hitting the headlines again. A defence lawyer publicised a sternly worded statement last month, appealing to the public to respect the rights of his client, who has been detained, with four others, on suspicion of gang rape.

1 Apr 2013 - 3:00am

Tough money laundering law

It might surprise many that in Hong Kong you can be convicted of the offence if you did not know or believe that the money was the proceeds of an offence - in fact, even if you believed it was not, if the court finds (objectively) reasonable grounds for believing it was.

31 Mar 2013 - 2:08am 1 comment

Don't use the law to discriminate against domestic workers

Don't use the law to discriminate against domestic workers

In Hong Kong, people enthuse over the "rule of law" and its long-standing presence here. It is the cause of our economic miracle and social stability, and is purportedly the main difference between us and the mainland.

26 Mar 2013 - 3:28am 21 comments

Who said it?

Professor Simon Young Ngai-man

There has been such rapid development in Hong Kong law in recent years that one cannot assume that one is on top of the law.

25 Mar 2013 - 2:37am

Top court to give landmark judgment on right of abode issues

People protest outside the Court of Final Appeal as the right of abode case proceeded in court last month. Photo: Edward Wong

The Court of Final Appeal's ruling will decide whether foreign domestic helpers have the right to apply for permanent residency after living in the city for seven years.

25 Mar 2013 - 5:30am 2 comments

Will parents really want to take bad offspring to court?

Dr Karen Lee

Where wealth accumulates and men decay - that was the lamentation of an English poet in 1770 during the Industrial Revolution. Look at the filial piety legislation in China and one may see a hint of truth in it.

The Chinese have historically been a people steeped in filial piety, with the classic stories of Twenty Four Filial Exemplars being passed down through generations.

19 Mar 2013 - 3:43am

The case of the judge who got it wrong

The Court of Appeal has stressed the importance of handing down rulings quickly after the "unfortunate" case of the High Court judge who got it wrong - probably because of a lapse of memory.

15 Mar 2013 - 4:03am 2 comments

Hong Kong's rule of law in safe hands, says judge

Mr Justice Michael Hartmann

Hong Kong's judiciary will remain as independent and well-respected as it is today regardless of what cynics may say, according to a top judge. Mr Justice Michael Hartmann (pictured) did not specify which cynics as he highlighted the judiciary's critical role in Hong Kong's post-1997 prosperity.

15 Mar 2013 - 5:49am 4 comments

Government says it's just an ordinary litigant. Think again

Professor Michael Davis. Photo: Dickson Lee

The American constitutional scholar Alexander Bickel noted that government actions and judicial decisions have two effects: an immediate, intended, practical effect and a perhaps unintended bearing on values of a more general and permanent interest.

5 Mar 2013 - 3:50am

First lawyers to go head to head with barristers

Dieter Yih Lai-tak. Photo: May Tse

Only one in six solicitors have been granted direct permission to represent their clients in the higher courts instead of a barrister. The remaining 75 out of 90 applicants will need to undergo an assessment to qualify for the right of audience in the Court of First Instance, Court of Appeal and Court of Final Appeal.

23 Feb 2013 - 5:18am

Gloomy outlook in campaign for mainland pollution laws

Steam billows from a chimney of a heating plant near the World Trade Centre Tower III in central Beijing. Photo: Reuters

Environmental experts warn that a campaign to tackle the mainland's air pollution through legal means looks doomed to fail.

They give various reasons for their bleak outlook, including poor air quality standards and local governments whose priority is still to maximise growth.

14 Feb 2013 - 5:48am

Barristers brace for competition in High Court

Paul Shieh Wing-tai.  Photo: K. Y. Cheng

Hong Kong's barristers are bracing for a more competitive legal sector in which many solicitors will have the right to take cases to the High Court, the new leader of the Bar Association says.

29 Jan 2013 - 4:32am 1 comment

Sovereign wealth fund chief calls on government to respect law

Lou Jiwei may become finance minister. Photo: Bloomberg

"When we talk about governing the nation based on law, government departments must first govern themselves based on law," Lou, chairman of the China Investment Corp, told a forum held by the China Centre for International Economic Exchanges.

27 Jan 2013 - 5:33am 1 comment