Barrister and neuro-beautologist? Hong Kong court rules Bar Association ban on lawyer's second job unconstitutional
Judge finds lawyer entitled to practise as neuro-beautologist under the Basic Law
A lawyer who challenged the Bar Association's restriction on its members having a second job won his case yesterday after a judge ruled that the regulation infringed barristers' freedom to choose their occupation.
Barrister Albert Leung Sze-ho sought the judicial review at the High Court after being told he could not be a practitioner of neuro-beautology - a natural treatment which helps correct misaligned spines and limbs.
Mr Justice Godfrey Lam Wan-ho stated that Article 33 of the Basic Law allowed people in Hong Kong the freedom of choice of occupation.
READ MORE: Barrister battles Bar Association over second job
He said the freedom prevented a person from being compelled to take up an occupation against his or her wishes and from being denied the opportunity to pursue an occupation of his or her choice.
"With [the rule] in place, and absent permission from the Bar Council, [Leung] cannot do so without risking disciplinary sanctions," the judge wrote.
If there was no such rule in the code, he saw no reason why Leung could not practise both as a lawyer and any other job he wanted.
"It seems to me that in a real and substantial way, [Leung]'s freedom of choice of occupation has been restricted by [the rule]."