The earlier incident whereby a Chinese defence lawyer was being framed during the course of his client’s trial by a prosecutor for soliciting prostitutes came to the attention of the Mainland Chinese legal sector in 2018.   The question that most people may raise is whether similar incidents happen in Hong Kong and how they are handled.

More than 10 years ago, I was fortunate enough to witness the rationality, fairness, restraint and strict adherence to procedures by Hong Kong judicial officers during a criminal trial. It was such an eye-opening experience that persuaded me to study law in Hong Kong.

In Hong Kong, for serious cases, while the defendants may hire barristers and senior counsels as defence lawyers; the Department of Justice, being the prosecution authority, may also hire external barristers and senior counsel as prosecuting lawyers. In any case, both the prosecution and defence lawyers are equally bound by the codes of conduct prescribed by the Law Society and the Bar Association. Among various requirements, lawyers must follow one of the most important obligations, which is lawyers, solicitors and barristers alike, should never attempt to deliberately deceive or participate in the deception of court. The consequences of breaching the same are grave.
Under the regulations of the respective codes of conducts of the two legal professions; along with the emphasis on judicial independence being one of the core values in Hong Kong, suffice to say the possibility of a rehash of the Yaoning Incident in Hong Kong is remote at best.

From my experience, litigants in Hong Kong behave as follows:-

A defendant with bail is entitled to lead a normal life meeting his family everyday subject to the prescribed bail conditions – usually include undertakings of timely attendance of court hearings and not to leave the jurisdiction.
During the trial, both sides of the bench show great restraint, rationality and intelligence. The supposedly contentious atmosphere is more akin to a civilized exchange between two academics before their instructor. I was also surprised to see lawyers throwing jokes upon each other that lighten up the solemn atmosphere of the courtroom.
During court adjournments where everyone tends to visit the Starbucks on the ground floor for a break, the impressive part is that there is no slightest hint of tension or hostility – at least on the adjourning coffee tables - where litigants of the both sides would respectively take their seats, chat and sip their coffees. Having their caffeine recharged and after casually going through the free newspapers available to kill the remaining time, they would again hurry back to the courtroom and continue their academic exchange. Such civility between opposite sides of the bench may be a surprise to outsiders; but in fact, is the very norm and the daily routine of litigants in Hong Kong. At the end of the day, a defendant is nothing more than a suspect with most rights preserved and respected - at least until the conviction of the same.

The very crux of the legal system in Hong Kong lies not only in its rules and regulations highlighted by its judicial independence; but also on the culture of academic civility and mutual respect; the unequivocal observance of fundamental human rights and an uncompromised embrace of the presumption of innocence. With such an ingrained legal culture, suffice to say the possibility of a rehash of the Yaoning Incident in Hong Kong is not only remote at best, but literally close to impossible.

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