Quick TakeIn Hong Kong, lawyers get heard when they are silent on politics

The role played by lawyers in fighting for social justice, from Mahatma Gandhi to Nelson Mandela, is well known. Lawyers are often at the forefront of movements for change in society, speaking up for the rule of law and protection of human rights.

Hong Kong’s constitutional controversies are, of course, far removed from India’s fight for independence from Britain and the anti-apartheid movement in South Africa. But the city’s legal profession has a significant part to play in speaking out on legal issues, at a time of much debate about Hong Kong’s constitutional arrangements.

The recent election of a new Bar Association Chairman raised the issue of how often and in what way the legal profession should make its views known on what are often sensitive issues. Concerns have been raised that a surprise victory for human rights lawyer Philip Dykes, who took on incumbent Paul Lam Ting-kwok in the first contested election in years, means the respected professional body will now adopt a more confrontational and political stance.

The question is important because the Bar Association, which represents the city’s 1,400 barristers, has long provided a strong, independent and credible voice on legal issues, especially the rule of law.

Barristers form one branch of the legal profession in Hong Kong. They are the ones that wear the wigs and gowns in court. These are the freelancers of the profession and, unlike solicitors, do not work for firms. As a result, they are regarded as having greater independence and being less likely to worry that their commercial interests will suffer if they speak out in a way which offends the government.

Since Hong Kong’s return to China in 1997, the Bar has frequently issued statements and position papers on topical legal issues. At times, it has been critical of the Hong Kong and central governments and has issued warnings about threats to the rule of law.