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Philip Dykes, chairman of the Hong Kong Bar Association, will assume office for a third term from January next year. Photo: Nora Tam

Hong Kong Bar Association chairman Philip Dykes to assume office for a third term

  • Dykes will assume the one-year position unopposed from January next year as no last-minute nominations were received on Friday
  • Legal scholar Johannes Chan says Dykes’ stint is important as both the city and the profession face great challenges
Law

The vocal leader of Hong Kong’s barristers will assume office for a third consecutive term, breaking a convention of the past three decades.

Human rights lawyer Philip Dykes, elected to the chairmanship of the Hong Kong Bar Association in January 2018, on Thursday confirmed he would run for a second re-election, a decision which evoked a mixed response from members of the legal profession.

Hong Kong’s lawyers left out in cold as relationship with mainland deteriorates

Dykes will assume the one-year position unopposed from January next year as no last-minute nominations were received on Friday. He will lead the body, representing more than 1,500 barristers, for another year at a time of intense social unrest which has put Hong Kong’s legal system to the test.

During Dykes’ tenure, the association had been critical of the government for its attempts to push through the now-withdrawn extradition bill, which would have allowed the transfer of suspects to other jurisdictions, including mainland China, for trial. It has argued that part of the arrangement had failed to protect the rights of fugitives if they were sent to the mainland.

Legal scholar Johannes Chan says Dykes’ term is important as both the city and the profession are facing great challenges. Photo: Felix Wong

Dykes, who also led the association for two years from 2005, said he decided to run again at the request of some fellow barristers.

The association’s constitution allows the chairman to hold the office for a maximum of three consecutive terms, as former top court judge Henry Litton did in the 1970s and Martin Lee Chu-ming did in the 1980s.

Lawyer accuses Bar Association of siding with protesters

But most chairmen since the 1990s have typically held office for two years.

“We are in an exceptional time,” Dykes told the Post over telephone on Thursday. Citing his frequent visits to legal bodies abroad that are concerned about Hong Kong, he said: “It’s important not to lose continuity with those associations.”

A legal source said leading matrimonial lawyer Anita Yip Hau-ki SC would be the sole deputy on Dykes’ ticket, although the association’s governing council generally had two vice-chairs.

Dykes denied it had anything to do with the previous surprise resignation of vice-chairman Edwin Choy Wai-bond. In October Choy, once tipped to succeed Dykes, publicly aired his dissatisfaction with the association for being “highly reticent” in condemning the violent acts of anti-government protesters.

“The constitution of the association allows two positions [of vice-chair], but there’s no reason why we can’t function with one,” Dykes said.

A separate legal source said the tradition of appointing two deputies was to ensure space for both main streams of civil and criminal practice in the profession.

Ronny Tong, former chairman of the Bar Association, says a third term for Dykes may not be a bad thing. Photo: Jonathan Wong

Legal scholar Johannes Chan Man-mun, who is about to step down from the association’s governing council, said Dykes’ term was important as both the city and the profession faced great challenges.

“It is important for the association to be vigilant on issues relating to the rule of law,” Chan said.

One of the upcoming challenges, he said, was whether Beijing would issue another interpretation overturning a local court judgment on the government’s mask ban, which has thrown into doubt the executive branch’s power to issue the emergency law.

Lawyers left out in the cold as relationship with mainland authorities deteriorates

The legal affairs commission of the National People’s Congress Standing Committee (NPCSC) earlier said the power to decide on constitutional matters was solely vested in it.

Chan also cited Beijing’s increasing pressure on Hong Kong to legislate the national security law and to end the ongoing social unrest.

Former top court judge Henry Litton chaired the Bar Association for three straight terms. Photo: Xiaomei Chen

Former chairman of the association Ronny Tong Ka-wah, now an adviser to city leader Carrie Lam Cheng Yuet-ngor, said a third term for Dykes might not be a bad thing given how polarised Hong Kong society had become.

“At the very least, Dykes has a known track record,” Tong said.

On the possibility of breaking the practice of the past three decades, Tong said: “A convention has to depend on a practical situation, not that it cannot be broken.”

But he added a third term for Dykes might create obstacles for lawyers keen to expand their business on the mainland.

Former deputy director of public prosecutions John Reading said he was surprised to hear Dykes would run again, noting the two-term convention.

He urged the association to remain “entirely neutral” as it had always been, speaking up on matters related to the rule of law when needed.

This article appeared in the South China Morning Post print edition as: Bar Association chairman to retain post for third term
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