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Jose-Antonio Maurellet

“True friends stab you in the front?”
This is a quote most likely to be misattributed to Oscar Wilde. What he wrote instead in The Devoted Friend was: “But what is the good of friendship if one cannot say exactly what one means? Anybody can say charming things and try to please and to flatter, but a true friend always says unpleasant things, and does not mind giving pain.”
This is Legal Tales’ 70th and final column. Over 70 columns, we will not have pleased or persuaded every reader, and never expected to. Our point was to explain the legal system plainly, and to say why it matters.
Barristers have long thought it part of our job to explain legal issues to the public and to offer our input on legal matters of public interest, especially those concerning legal rights and the administration of justice.
That has more to do with how we practise than with any special virtue: we operate as self-employed legal practitioners without a firm and without partners; from an institutional perspective, we are comparatively free of conflicts and pressures which may prevent us from speaking freely about legal issues.

The Bar is a self-regulated profession (subject to the court’s supervision) and a “trade union” in the traditional sense.
But it is more than that. We see it as our key role to defend the rule of law, judicial independence and fundamental rights, all of which are constitutionally protected under the Basic Law and under the “one country, two systems” model.
Under our constitutional division of duties, the judiciary is tasked with safeguarding individual rights.
It is also an institution that, for historical and good reasons, will not speak out to defend itself. That task falls to the secretary for justice and to the legal profession, including barristers.
Around the world, we can see confidence in the judiciary being eroded in many jurisdictions.
Sometimes this is because of the politicisation of judicial appointments (e.g. from “if I get elected I will appoint a judge who will do X”, to the more blatant “if I get elected I will appoint Mr or Ms Y to the bench”) or, on occasion, the removal of judges for entirely political or selfish reasons.
We can take pride that, in Hong Kong, judges are appointed only on the basis of their judicial and professional qualities, and no judge has been removed for political or other irrelevant reasons.
However, the polarisation of political or ideological views in many societies, including Hong Kong, has meant that the court’s work and decisions are increasingly viewed through the simplistic prism of whether one likes the outcome.
Too few of us stop to ask why the court decided as it did. It is more comfortable to stay in our own echo chambers and criticise judgments for their outcome (e.g. “how could he win?” or “he was clearly guilty”) and attribute the result to the courts being biased or the legal system being broken.

Going back to what inspired this column, the purpose was to enhance the public’s understanding of the legal system and complex issues beyond a Manichaean view as described above, and to encourage debates or conversations about the law.
The beauty of a free society is that it encourages a competition of ideas through debate so that the best ideas float to the top. For this to work, the discourse has to be free, honest and informed.
The views expressed by the barrister columnists are their own and aim to enrich this debate so as to contribute to Hong Kong in the public interest.
Those who love Hong Kong can, and indeed must, collectively put forward their ideas and energy in good faith to improve our city.
To paraphrase Wilde, this will require, on occasion, saying unpleasant things, sometimes painful even, and switching off the charm when it is for the sake of flattery alone.
We would like to take this chance to thank the South China Morning Post for giving us this golden opportunity to write and for its dedication towards delivering every article and beating the weekly deadline.
We are equally grateful for our readers’ interest and every comment left to inspire us further.
Jose-Antonio Maurellet SC is the current chairman of the Hong Kong Bar Association and a commercial litigator.
Legal Tales is a weekly online column by senior members of the Hong Kong Bar Association presenting their perspectives on current affairs.


Tung Chee-hwa’s rise to first Hong Kong chief executive and elder statesman

True friends stab you in the front? The importance of debate in today’s world

Stop mourning Hong Kong. It’s evolving, not dying

Court approves last attempt by 11 jailed opposition figures to clear their names

Hong Kong Basic Law

Barristers see it as a key role to defend the rule of law, judicial independence and fundamental rights. Photo: Yik Yeung-man.

Irish writer Oscar Wilde said a true friend “does not mind giving pain”. Photo: Wikipedia

In Hong Kong, judges are appointed only on the basis of their judicial and professional qualities. Photo: Jelly Tse

The quiet grind behind the wig and gown

A scene from ViuTV’s legal drama series, Court! Photo: Threads

ViuTV’s legal drama series, Court!, shows that much of young barristers’ work is done outside the courtroom. Photo: Threads

Should the law treat autonomous AI ‘agents’ as legal persons?

OpenClaw, developed by Austrian programmer Peter Steinberger, was acquired by OpenAI in February this year. Photo: Getty Images

A cardboard cutout of the OpenClaw logo outside the Baidu office in Beijing. Photo: Reuters

Legal Tales

News

Hong Kong

Law and Crime

We must all speak up to defend judicial independence from any interference

In Hong Kong, the rule of law and judicial independence are values which are cherished by lawyers and non-lawyers alike. Photo:  Sam Tsang

The International Criminal Court in The Hague, Netherlands. Photo: Reuters

Do we still need overseas judges in Hong Kong’s top court?

Hong Kong has nurtured sufficient talent to fill the highest judicial offices, the chief justice has said. Photo: Robert Ng

Judges from Britain, Australia, New Zealand and Canada have sat in the top court. Photo: Dickson Lee

Hong Kong ride-hailing regulations can draw lessons from US, UK, Singapore

An Uber Taxi advertisement on Nathan Road in Tsim Sha Tsui. Photo: Jelly Tse

Heavy traffic on Gloucester Road in Wan Chai. The government has said it will come up with a regulatory framework for ride-hailing platforms. Photo: K. Y. Cheng

Could AI lawyers replace human barristers in Hong Kong’s courtrooms?

The human experience is at the heart of the law’s meaning and the power that it holds over societies. Photo: AFP

The Court of Final Appeal in Central. It is difficult to imagine an AI doing well to argue its client’s innocence without an intuitive understanding of how humans really think and feel. Photo: Sam Tsang

To be or not to be in chambers: that is the question for Hong Kong barristers

Hong Kong’s High Court in Admiralty. Photo: Sun Yeung

Hong Kong’s Court of Final Appeal in Central. Photo: Sam Tsang

Modern marriage in Hong Kong: prenuptial agreement or ‘deed of love’?

In the film Yesterday Once More, starring Andy Lau and Sammi Cheng, a divorcee played by Cheng has her eye on an expensive necklace belonging to the family of her new fiancé. Photo: Handout

A bride and groom take wedding photos with family members after registering their marriage in Central. Photo: Nora Tam

Earlier this year, the Legislative Council discussed whether the government should enact legislation to regulate the legal validity of prenuptial agreements. Photo: Jelly Tse

Time for Hong Kong to step up as a restructuring and insolvency hub

A Hong Kong court adjourned a liquidation petition hearing against indebted Chinese developer Country Garden Holdings for four months after the company unveiled a restructuring proposal in January. Photo: Kyodo

A legal framework for R&I proceedings that currently covers Shanghai (pictured), Xiamen and Shenzhen will facilitate more cross-border R&I activities between Hong Kong and mainland China. Photo: AFP

Hong Kong’s jury system: not an ‘unwritten law’

A young Andy Lau portrays a defence barrister in the popular 1985 Hong Kong film “The Unwritten Law”. Photo: Seasonal Film Corporation

One of the courtrooms at West Kowloon Court. Photo: Handout

The case of Hong Kong vs Singapore: there is unlimited potential for collaboration

Singapore is a common law jurisdiction with a developed and efficient legal system. Photo: AFP

Legal practitioners in Hong Kong can learn from their counterparts in Singapore, and vice versa. Photo: Nora Tam

Some legal ramifications surrounding use of AI in police surveillance

A surveillance camera installed at the intersection of Pedder Street and Queen’s Road Central. Photo: May Tse

Interstate mediation in a multipolar world: how can Hong Kong best play a role?

The International Organization for Mediation is based in Hong Kong. 
Photo: Dickson Lee

A signing ceremony on the convention for the establishment of the International Organization for Mediation was held last month. Photo: Nora Tam

Taking care of yourself beyond health – planning ahead

When certain issues arise, it may be too late to do anything about them. Photo: Shutterstock

An enduring power of attorney addresses financial provision matters. Photo: Getty Images

From Yerma to the law of surrogacy in Hong Kong

The legal position in Hong Kong is often discordant with a “typical” surrogacy agreement. Photo: Xiaomei Chen

The latest Hong Kong staging of Yerma is an adaptation of the original play by local playwright Annie Cheung Ngar-lai, and directed by theatre veteran Olivia Yan. Photo: Handout

In Hong Kong, commercial surrogacy is illegal. Photo: Sam Tsang

Charting a course in AI seas: why barristers are still captains of legal ship

It is the captain’s duty to take and keep the ship on the correct course. Photo: Getty Images

AI models are capable of generating analytical aids. Photo: Reuters

How a trip to Paris showed that in Hong Kong, nothing is impossible

The Eiffel Tower is the backdrop for people cooling off during a Parisian heatwave. Photo: EPA

Secretary for Justice Paul Lam was recently in Paris for a legal seminar. Photo: Handout

The crypto frenzy and the legal response in Hong Kong

The virtual asset market in Hong Kong is expected to continue to develop, but having proper regulation is important Photo: Antony Dickson

The latest moves will boost Hong Kong’s position as a global digital asset hub. Photo: Yik Yeung-man

Regulating the harm caused by deepfake porn – how Hong Kong can best protect victims

Hong Kong has no dedicated laws tackling copyright issues connected to AI-generated content or covering the creation of unauthorised intimate images that have not been published. Photo: Handout

With no customised offence to deal with images created by digital means, it may be difficult prosecuting individuals who have used or created deepfake pornography under Hong Kong law. Photo: Getty Images

When experimental treatments lead to death in Hong Kong, prosecution is not always simple

A dark corner of the healthcare industry exists in the grey area between medical treatment and experimental procedure. Photo: Shutterstock

Dr Mak Wan-ling’s prosecution is the leading case on gross negligence manslaughter. Photo: Winson Wong

To will or not to will: beyond the myths of will-making in Hong Kong

Elderly people in Sham Shui Po. Hongkongers should shed their misconceptions about making afterlife arrangements and view will-making as a matter of sound financial planning. Photo: Xiaomei Chen

A recent survey suggests that only about 20 per cent of Hong Kong residents have made wills. Photo: Getty Images

Keeping Hong Kong corruption-free for 51 years – the ICAC

Andy Lau (left) and Kwan Hoi-san in a still from the 1991 movie Lee Rock. Photo: Handout

The Independent Commission Against Corruption’s headquarters in North Point. The agency was established in 1974 and was first led by Sir Jack Cater. Photo: Jelly Tse

Masterful take by Hong Kong film The Last Dance on taboos surrounding death rites

Dayo Wong (left) and Michael Hui in a still from The Last Dance. Photo: Emperor Motion Pictures.

 The Last Dance’s storyline has resonated deeply with  Hongkongers. Photo:  Sun Yeung

Split the bill – or split legal hairs – over a dinner date in Hong Kong

Under Hong Kong law, if you and your date leave without paying for dinner, you can both be charged for a crime as a “joint enterprise”. Photo: Getty Images

A type of claim has developed under Hong Kong law that, in the context of a dinner date, allows the person left to pay the whole bill to sue the person who walked out. Photo: Getty Images

A brief history of pupil barristers and the system’s evolution in Hong Kong

The ceremonial opening of the 2023 legal year at City Hall in Central. Photo: Sam Tsang

Judges attend the ceremonial opening of the legal year in 2020 at City Hall in Central. Photo: Robert Ng

Justice in the hands of the people: benefits of trial by jury in Hong Kong

In High Court trials, laypeople from all walks of society are gathered together to become the sole judges of fact in criminal proceedings. Photo: Warton Li

The wealthy and those in privileged positions are held to the same standards as everyone else. Photo: Sam Tsang

Does Hong Kong need to criminalise storm chasing or will idea blow over?

Thrill seekers take to Hung Hom pier as Super Typhoon Ragasa passes through Hong Kong. Photo: Nora Tam

Ragasa caused a lot of damage at certain waterfront locations. Photo: Elson Li

Why publishing Hong Kong court judgments is of vital importance to legal system

The concept of justice includes the notion that courts only decide cases according to the law and not extraneous factors. Photo: Sam Tsang

Judgments in Hong Kong are made public because justice should not only be done but be seen to be done. Photo: Elson Li

A K-drama dilemma versus reality of ‘cab rank rule’ for Hong Kong barristers

A barrister holds his wig at a senior counsel appointment ceremony, held at the High Court building in Central in May 2024. Photo: Yik Yeung-man.

A poster for the K-drama series “Law and the City”. Photo: Handout

How gold standards ensure Hong Kong’s barristers are on their best behaviour

The Fading Gold is a television drama about intergenerational wealth and legal battles. Photo: TVB

The Hong Kong Bar Association enforces a Code of Conduct on its members and pupils. Photo: Yik Yeung-man

Having common law lawyers from here and elsewhere is in Hong Kong’s best interest

(From left) Tse Kwan-ho, Renci Yeung and Dayo Wong Tze-wah in a still from the film A Guilty Conscience. Photo: Edko Films

In appropriate cases, a litigant can apply for the admission of overseas counsel on an ad hoc basis. Photo: Warton Li

Heady history of wigs in court: the case for Hong Kong lawyers to keep them on

Wigs are part of a formal court uniform representing solemnity and tradition. Photo: Nora Tam

The tradition of wearing wigs has endured in the legal profession. Photo:  Sam Tsang

How Hong Kong’s law protects those drawn to crypto and virtual asset investments

The price of bitcoin fell to as low as about US$16,000 in late 2022. Photo: Jelly Tse

Virtual asset products can magnify the dangers of investing for the unwary. Photo: Antony Dickson

A new test for consent: reforming Hong Kong’s approach to sexual crimes

The Hong Kong Law Reform Commission produced a consultation paper in 2012 on rape and other non-consensual sexual offences, as well as a report in 2019 reviewing all major substantive sexual offences in the city.  Photo: Getty Images

According to statistics from the NGO RainLily, between 2019 and 2023, only 47.2 per cent of victims that sought its help reported their “penetrative sexual assault” to police. Photo: Edmond So

Time for solidarity and support after Hong Kong blaze as Bar relaunches pro bono scheme

The Hong kong Bar Association has recently relaunched its pro bono scheme. Photo: Fung Chang

Questions of legal claims and liability will be raised once the immediate aftermath of the Tai Po fire has been dealt with. Photo: Elson Li

Balancing rights and responsibilities: child custody in Hong Kong demystified

Kramer vs Kramer, starring Dustin Hoffman and Meryl Streep, is a poignant 1979 tale about a custody battle over the couple’s son, played by Justin Henry. Photo: Columbia Pictures/Getty Images

Divorces can result in bitter court battles, with children stuck in the middle. Photo: Sam Tsang

Despite lapses behind Tai Po fire, Hong Kong’s unity shows in a time of crisis

The buildings of Wang Fuk Court in Tai Po. Last month’s catastrophic fire at the housing estate killed at least 160 people and displaced nearly 5,000. Photo: Sam Tsang

The inquiry into London’s Grenfell Tower fire in 2017 took seven years to complete and revealed a cascading series of failures and across the UK government and the private sector. Photo: AFP

Free for all or fees for all? Hong Kong’s legal aid levels the scales

Photos of the Goddess sculpture at the Court of Final Appeal in Central. 31MAY17 SCMP / Sam Tsang

The Legal Aid Department was established back in 1970. Photo: Handout

The silk road: duties and responsibilities of Hong Kong’s senior counsel

Hong Kong has hundreds of barristers but only 104 of them are senior counsel. Photo: Yik Yeung-man.

Barristers have a duty to help the courts get to the correct result. Photo: Sam Tsang

What happens in Hong Kong’s top court, hidden in plain sight at the winter wonderland

The Court of Final Appeal building is used as a backdrop for an animated light show during the Christmas season. Photo: Eugene Lee

Chief Justice Andrew Cheung inspects a ceremonial guard at the opening of the 2025 legal year. Photo: Dickson Li

Time to end bid-rigging in Hong Kong with criminalisation and tougher enforcement

The catastrophic blaze at Tai Po’s Wang Fuk Court has exposed widespread bid-rigging in Hong Kong’s building management and maintenance industry. Photo: Sam Tsang

Bid-rigging remains the key enforcement priority for Hong Kong’s Competition Commission. Photo: Handout

Fine brews: Hong Kong milk tea and the Opening of the Legal Year ceremony

The ceremonial Opening of the Legal Year is an occasion filled with tradition. Photo: Sam Tsang

Milk tea has been fine-tuned to suit Hong Kong palates. Photo: Edmond So

Late corporate governance activist David Webb showed why transparency benefits Hong Kong

David Webb with his website displayed on his computer, photographed at his Shiu Fai Terrace home in 2000. Photo: SCMP

David Webb delivers an address at the Foreign Correspondents’ Club in Hong Kong in May last year. Photo: May Tse

Baptism of fire: my first criminal trial

Robert De Niro (left) and Val Kilmer in a scene from the 1995 film Heat. Photo: Warner Bros

The trial was held in Sha Tin. Photo: Jelly Tse

How Hong Kong law deals with the complicated matter of divorce

Even if both parties agree, without a “fault-based ground” such as adultery or unreasonable behaviour, they must live apart for at least a year before they can obtain a divorce. Photo: Getty Images

England’s King Henry VIII, a historical trailblazer on the issue of divorce. Photo: Handout

Uber robotaxi: uber-sophisticated in tech and uber-complicated in law

The Uber robotaxi features Level 4 autonomous driving, deploying real-time AI processing of situational data. Photo: AFP

How Hong Kong law ensures kids’ well-being when divorced parents split locations

From left: Adam Driver, Azhy Robertson and Scarlett Johansson in a scene from Marriage Story. Photo: Heyday Films

Adam Driver and Azhy Robertson in the 2019 film, Marriage Story. Photo: Heyday Films

Why AI cannot – and should not – replace human judges

Hong Kong’s judges attend the ceremonial opening of the legal year in January. Photo: Sam Tsang

The ceremonial opening of the legal year in Hong Kong, held at City Hall in January. Photo: Sam Tsang

Graham A. Harris, a giant of the Hong Kong Bar

On February 20, the Bar elected Graham A. Harris SC as a Life Member, the ninth. Photo: Handout

Life Membership nominees must be proposed by 20 members, including no fewer than 10 senior counsel. Photo: Yik Yeung-man

Tribute to towering jurist: how the late Sir Anthony Mason shaped Hong Kong courts

Sir Anthony Mason is seen leaving the Court of Final Appeal in 1999. Photo: SCMP

Sir Anthony was instrumental in shaping the CFA’s constitutional jurisprudence from its earliest days, in cases such as Ng Ka Ling and Chong Fung Yuen (1999–2001). Photo: Handout

Innuendo and implication: just a joke or risk of defamation in Hong Kong?

David Mitchell (left) and Robert Webb in a scene from British sitcom Peep Show. Photo: Objective Productions

Innuendo – whether a wink, a knowing pause or a sarcastic aside – can be fertile ground for implication. Photo: Shutterstock 

The ‘split’ legal profession in Hong Kong

Barristers specialise in court work and legal advice relating to litigation. Photo: Yik Yeung-man

Having good advocates is important not only to clients, but also to the courts and to the law. Photo: Jelly Tse

Antisocial media: Meta, Google liable in landmark case for mental health harm

A group of children with mobile phones, all glued to their screens. Photo: Getty Images

The California and New Mexico cases have been hailed as landmarks that could set a precedent for others looking to hold social media firms accountable for their products’ negative effects on users. Photo: EPA

How the law protects when a parent abducts their child across borders

Hong Kong is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction 1980. Photo: Getty Images

In Vital Signs, Louis Koo plays a firefighter who grapples with the dilemma of whether to relocate overseas with his daughter. Photo: Edko Films

Being annoying is not just an annoyance, it’s harassment under tort law

The Court of Final Appeal in Central. Photo: Jonathan Wong

It is a criminal offence in Britain to “cyberstalk”. Photo: Shutterstock

My first 3 minutes in Hong Kong’s court

For young barristers in Hong Kong, pupillage and limited practice are structured transitions where competency is built through disciplined preparation and incremental courtroom exposure. Photo: Yik Yeung-man

As part of the Advanced Legal Education (ALE) programme, pupils have to pass advocacy courses consisting of mock court exercises. Photo: Sun Yeung

Centuries ahead of Wall Street: how China’s Song dynasty pioneered global fiat currency

Ancient China’s invention of paper money laid the foundations of modern sovereign finance. Photo: Getty Images

Merchants in the southwestern province of Sichuan began issuing paper promissory notes in the 1020s. Photo: Handout

True friends stab you in the front? The importance of debate in today’s world

.css-1c6uqr6{color:inherit;font-weight:inherit;font-size:inherit;font-family:inherit;line-height:inherit;overflow-wrap:break-word;}For Legal Tales’ final column, Jose-Antonio Maurellet discusses the competition of ideas as judiciaries navigate a polarised world

For Legal Tales’ final column, Jose-Antonio Maurellet discusses the competition of ideas as judiciaries navigate a polarised world