Law in Contemporary Society

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GillianHoFirstEssay 11 - 21 May 2023 - Main.EbenMoglen
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Rethinking My Practice

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 The risk of violating the NSL is exacerbated by the eroded right to liberty and fair trial in Hong Kong. Under Article 44, the Chief Executive may exercise the power to designate judges at each court level to handle issues relating to the National Security Law. The 2022 National People’s Congress also granted the Chief Executive authority to decide which lawyers are permitted to represent defendants and appoint judges in NSL cases. Separately, the Hong Kong government has proposed removing legal aid applicants' right to choose legal counsel unless there are "exceptional circumstances"—presumably, NSL cases would not fall into this category. As such, if the Hong Kong government and/or the CCP were determined to shut down the practice, the partiality of the judicial system in the adjudication of these cases and political intervention would result in likely conviction.
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In the process of cutting, another approach might have been to separate the past from the future, recognizing the forward-looking purpose of the effort and reweighting accordingly. Cutting down to exactly 1,000 words rather than building up from 500 was the crucial decision.

In imagining a future practice, you are envisioning an expensive and carefully-constructed array of people and moving parts in which as a new lawyer you could hold a position, tentatively. In what sense is this your practice? Assuming it wasn't merely assumed into existence, how did you plan its creation?

Making such a thing is a vastly complicated and risky undertaking when all it has to do is make a living, long before one gets to the enmity of the government and its national security laws. Imagining in the big leagues is not just a wave of the wand: your magic brush must actually produce architectural drawings that can be built by mere mortals, such as you.

Let's try at least to be explicit about the issues. That makes some of our thinking reusable in the event that the particular magic refuses to put itself at our disposal.

 

Revision 11r11 - 21 May 2023 - 17:17:07 - EbenMoglen
Revision 10r10 - 25 Apr 2023 - 14:07:50 - GillianHo
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