Law in Contemporary Society

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GillianHoFirstEssay 9 - 24 Apr 2023 - Main.EbenMoglen
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Rethinking My Practice

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 The risk of potential charges of collusion with foreign forces could be ostensibly minimized by reducing the practice's interactions with overseas scholars and refusing any assistance from foreign bodies, particularly those attached to foreign governments. Additionally, the practice could emphasize that it is not asking to overturn the government's legislation but simply trying to inform citizens of their rights and the current status of legislation. Nevertheless, the extensive police powers granted by the NSL to investigate activists and civil society organizations may allow the police to cobble together loose pieces of information to accuse the practice of endangering national security. A potential solution would be to use encrypted software and communication tools, but any communications outside of the work of the practice could still be used in considering criminal charges.

The risk of violating the NSL is exacerbated by the eroded right to liberty and fair trial in Hong Kong. Under Article 44 of the NSL, the Chief Executive may exercise the power to designate judges at each court level to handle issues relating to the National Security Law. At the 2022 National People’s Congress, the Standing Committee ruled that Hong Kong’s chief executive can decide which lawyers are permitted to represent defendants and appoint judges for trials in NSL cases. The Hong Kong government has also previously proposed to remove legal aid applicants' right to choose legal counsel unless there are "exceptional circumstances" and reduce the number of legal aid cases lawyers can take on each year. As such, if the Hong Kong government and/or the CCP were determined to shut down the practice, the impartiality of the judicial system in the adjudication of these cases and the likelihood of political intervention would result in likely conviction. \ No newline at end of file

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This draft is more than 1250 words, 25% over the limit. We can't work on it at all together until you've cut it down.


Revision 9r9 - 24 Apr 2023 - 19:40:33 - EbenMoglen
Revision 8r8 - 07 Apr 2023 - 02:31:36 - GillianHo
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