London Daily

Focus on the big picture.
Thursday, Oct 02, 2025

Hong Kong's planned legal aid changes could breach constitution

Hong Kong's planned legal aid changes could breach constitution

A Hong Kong government proposal to change the legal aid system could violate the constitutionally guaranteed right of people to choose legal representation in the event that they cannot afford a lawyer, according to the city's Bar Association.
In October, the government proposed changes that would see defendants no longer able to choose a lawyer unless under "exceptional circumstances", in addition to other amendments.

Representing more than 1,500 barristers, the association said in a submission on Tuesday that the proposed changes may constitute a violation of Article 35 of the Basic Law, the city's mini-constitution, as well as Articles 10 and 11 of the Hong Kong Bill of Rights.

The director of legal aid and the Hong Kong government did not immediately respond to a request for comment.

Activists, business groups and diplomats are closely monitoring developments, fearing sweeping changes to Hong Kong's legal aid traditions could further threaten the rule of law that is seen as the bedrock underpinning the Asian financial hub.

Scores of pro-democracy activists arrested during protests in 2019, and since Beijing imposed a sweeping national security law on the former British colony last year, have sought legal aid.

"Reform and making more qualified lawyers available on the legal aid panel must not come at the expense of the right for people to choose their own lawyers," the association said.

While it supports "the idea of legal aid reform and enlarging the pool of qualified lawyers in principle", it does not see "any justification" for the aid recipient only being allowed to choose a lawyer under exceptional circumstances, it said.

The submission appears to back the private views of some prominent human rights lawyers who say the changes could effectively end Hong Kong's strong tradition of legal activism.

For decades, ordinary people have been able to legally challenge government decisions with the help of specialist lawyers hired under legal aid.

"It is going to kill my practice," said a veteran human rights legal specialist. "It has never been lucrative but you could build a career. No longer if these changes go through."

Article 35 stipulates that residents have the right to a "choice of lawyers", while Articles 10 and 11 guarantee that an individual is entitled to a "fair and public hearing" and is given sufficient time to "choose and contact a lawyer".

The government said the changes were aimed at enhancing the management of legal aid applications and enlarging the pool of qualified lawyers to take up legal aid cases, among other reasons.
Newsletter

Related Articles

0:00
0:00
Close
Trump Administration Launches “TrumpRx” Plan to Enable Direct Drug Sales at Deep Discounts
Trump Announces Intention to Impose 100 Percent Tariff on Foreign-Made Films
Altman Says GPT-5 Already Outpaces Him, Warns AI Could Automate 40% of Work
Singapore and Hong Kong Vie to Dominate Asia’s Rising Gold Trade
Trump Organization Teams with Saudi Developer on $1 Billion Trump Plaza in Jeddah
Manhattan Sees Surge in Office-to-Housing Conversions, Highest Since 2008
Switzerland and U.S. Issue Joint Assurance Against Currency Manipulation
Electronic Arts to Be Taken Private in Historic $55 Billion Buyout
Thomas Jacob Sanford Named as Suspect in Deadly Michigan Church Shooting and Arson
Russian Research Vessel 'Yantar' Tracked Mapping Europe’s Subsea Cables, Raising Security Alarms
New York Man Arrested After On-Air Confession to 2017 Parents’ Murders
U.S. Defense Chief Orders Sudden Summit of Hundreds of Generals and Admirals
Global Cruise Industry Posts Dramatic Comeback with 34.6 Million Passengers in 2024
Trump Claims FBI Planted 274 Agents at Capitol Riot, Citing Unverified Reports
India: Internet Suspended in Bareilly Amid Communal Clashes Between Muslims and Hindus
Supreme Court Extends Freeze on Nearly $5 Billion in U.S. Foreign Aid at Trump’s Request
Archaeologists Recover Statues and Temples from 2,000-Year-Old Sunken City off Alexandria
China Deploys 2,000 Workers to Spain to Build Major EV Battery Factory, Raising European Dependence
Speed Takes Over: How Drive-Through Coffee Chains Are Rewriting U.S. Coffee Culture
U.S. Demands Brussels Scrutinize Digital Rules to Prevent Bias Against American Tech
Ringo Starr Champions Enduring Beatles Legacy While Debuting Las Vegas Art Show
Private Equity’s Fundraising Surge Triggers Concern of European Market Shake-Out
Colombian President Petro Vows to Mobilize Volunteers for Gaza and Joins List of Fighters
FBI Removes Agents Who Kneeled at 2020 Protest, Citing Breach of Professional Conduct
Trump Alleges ‘Triple Sabotage’ at United Nations After Escalator and Teleprompter Failures
Shock in France: 5 Years in Prison for Former President Nicolas Sarkozy
Tokyo’s Jimbōchō Named World’s Coolest Neighbourhood for 2025
European Officials Fear Trump May Shift Blame for Ukraine War onto EU
BNP Paribas Abandons Ban on 'Controversial Weapons' Financing Amid Europe’s Defence Push
Typhoon Ragasa Leaves Trail of Destruction Across East Asia Before Making Landfall in China
The Personality Rights Challenge in India’s AI Era
Big Banks Rebuild in Hong Kong as Deal Volume Surges
Italy Considers Freezing Retirement Age at 67 to Avert Scheduled Hike
Italian City to Impose Tax on Visiting Dogs Starting in 2026
Arnault Denounces Proposed Wealth Tax as Threat to French Economy
Study Finds No Safe Level of Alcohol for Dementia Risk
Denmark Investigates Drone Incursion, Does Not Rule Out Russian Involvement
Lilly CEO Warns UK Is ‘Worst Country in Europe’ for Drug Prices, Pulls Back Investment
Nigel Farage Emerges as Central Force in British Politics with Reform UK Surge
Disney Reinstates ‘Jimmy Kimmel Live!’ after Six-Day Suspension over Charlie Kirk Comments
U.S. Prosecutors Move to Break Up Google’s Advertising Monopoly
Nvidia Pledges Up to $100 Billion Investment in OpenAI to Power Massive AI Data Center Build-Out
U.S. Signals ‘Large and Forceful’ Support for Argentina Amid Market Turmoil
Nvidia and Abu Dhabi’s TII Launch First AI-&-Robotics Lab in the Middle East
Vietnam Faces Up to $25 Billion Export Loss as U.S. Tariffs Bite
Europe Signals Stronger Support for Taiwan at Major Taipei Defence Show
Indonesia Court Upholds Military Law Amid Concerns Over Expanded Civilian Role
Larry Ellison, Michael Dell and Rupert Murdoch Join Trump-Backed Bid to Take Over TikTok
Trump and Musk Reunite Publicly for First Time Since Fallout at Kirk Memorial
Vietnam Closes 86 Million Untouched Bank Accounts Over Biometric ID Rules
×