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SCMP Editorial

Editorial | Hong Kong legal bodies right to speak up on issues of significant import

As the city strives to become an international legal centre, the informed perspective of organisations like the Bar Association can be helpful

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The Hong Kong Bar Association resumed its ice-breaking trips to Beijing in 2023 after a five-year pause. Photo: Yik Yeung-man

Legal issues are often complex and controversial, especially when they arise as a result of rapid technological developments. Informed and authoritative perspectives are needed to help find solutions to problems that can have a significant impact on the community.

Hong Kong’s Bar Association prides itself on speaking up when such issues arise. It is well-placed to make a valuable contribution. Bar Association chairman Jose-Antonio Maurellet recently gave his take on topical legal matters in an exclusive interview with the Post.

He said targeted legislation is needed to combat AI-generated deepfake pornography. Concerns were raised when a student at the University of Hong Kong created such images. Officials have argued existing laws can be used, but Maurellet said applying legislation intended for other purposes might lead to complications. The government should consider whether current laws are adequate, especially as technology advances. The Bar Association’s views lend weight to calls for legal amendments, and Maurellet’s suggestion that the Law Reform Commission prepare proposals is sensible.
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He also urged the authorities to exercise caution when deciding whether to use new powers to ban individual lawyers from visiting prisoners. The government can now seek a court warrant prohibiting visits by legal representatives if this threatens to endanger national security, obstruct justice, cause bodily harm or hinder the recovery of crime proceeds.

Maurellet highlighted the importance of access to legal advice. He said there needs to be compelling evidence to justify a ban, warning proceedings might be disrupted if a prisoner needs to switch lawyers.

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The Bar Association chairman has expressed views on a variety of issues, from the proposed recognition of same-sex relationships to the importance of the city’s independent judiciary.

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