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Hong Kong proposal threatens right to legal aid

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Change would lead to defendants no longer being able to choose a lawyer except under ‘exceptional circumstances’

A pedestrian walks along a promenade in front of the city's skyline in Hong Kong, China, on Tuesday December 7 2021. Picture: BLOOMBERG/PAUL YEUNG

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. 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.

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.

 

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