Editor's Note December 2019

These days, it is not uncommon to hear or read about the rule of law in Hong Kong being discussed. “Effective rule of law reduces corruption, combats poverty and disease, and protects people from injustices, large and small. It is the foundation for communities of justice, opportunity, and peace — underpinning development, accountable government, and respect for fundamental rights” according to Elizabeth Andersen, Executive Director of the World Justice Project (see Cover Story in the Hong Kong Lawyer, August 2019). However, the notion is rather ambiguous as it “remains a complex and in some respect uncertain concept” as per the UK House of Lords decision in 2007. The President’s Message describes “two frequently repeated fallacies about the rule of law”.

Next, it has been established in Hong Kong that the welfare of a child is paramount. Accordingly, a parent can apply for child maintenance regardless of whether the child is living in or if the child has closest connection with Hong Kong. At first glance, this appears to go against the general conflict of laws rule that a court must be satisfied that the place where the application is made is forum conveniens before accepting jurisdiction. The Family Law feature analyses the recent cases in Hong Kong that have touched on this.

Also noteworthy is the Practice Skills section which advises how lawyers can train their minds the way athletes train their bodies. Speaking of athletes, the Lawyers at Leisure features a lawyer who trains for and competed in one of the toughest triathlons and set a new world record.

I would like to remind our readers that they can subscribe to our free e-Newsletter (offered “exclusively online”) to receive regular updates on the latest legal trends and developments in Hong Kong and China. Please visit http://hk-lawyer.org.


Lead Legal Editor, Hong Kong Lawyer