Independence of Hong Kong legal profession integral to preserving rule of law
- As the Hong Kong Bar Association turns 75, improved relations with Beijing have allowed it to express its views on pressing legal issues, including the new domestic national security law
The role of Hong Kong’s independent legal profession has never been more important, amid changes and challenges. This year marks the 75th anniversary of the Bar Association, responsible for Hong Kong’s 1,673 barristers.
The association’s chairman, Victor Dawes, this month took the opportunity to highlight the role played by the Bar in maintaining the rule of law.
He said the values of the professional body have not changed over time and pledged it would continue to speak out on legal issues. Over the years, the Bar has made a valuable contribution, with authoritative statements and position papers that draw on the expertise of barristers.
Its voice must continue to be heard.
But there have been times in the Bar’s history when its role has been questioned, with occasional calls for barristers to be fused with solicitors, the other branch of the profession. There was a five-year freeze in the association’s relations with Beijing from 2018, partly due to the pandemic but also because of the organisation’s vocal criticism of government measures.
Thankfully, ties were restored following the election of Dawes in 2022. The ice was broken when a Bar delegation visited Beijing last year and met with senior officials.
A similar visit is planned for this year. There remains a need for communication and understanding on both sides.
The improvement in relations has given the Bar an opportunity to express its views to mainland officials on pressing legal issues, from the new domestic national security law to the development of Hong Kong as China’s international centre for legal services.
During the recent consultation on the domestic national security law, the Bar put forward detailed proposals. It had consistently called for a careful balance to be struck between safeguarding security and protecting rights.
Some of its suggestions were adopted, some not. Dawes said the association “gave it our best shot”.
But he was satisfied the right balance had been struck when the law was passed.
The Bar has a responsibility to continue to speak out on such issues, whether publicly or in private meetings with officials. Frank but constructive dialogue is needed.
Progress is being made.
There is also a broader role for the Bar to play in the strengthening of links with the legal profession on the mainland and the common law world. Through the conferences it organises and attends, the association can help clear up misconceptions about the city’s legal system and forge Hong Kong’s role as a dispute resolution hub.
The Bar and the Law Society, which represents solicitors, regulate their respective branches of the profession, and are responsible for licensing, training and discipline. Their independence is integral to the profession’s ability to ensure the city’s rule of law is maintained.
