Law Society Votes As SAR Faces 'most Difficult Time'

Solicitors will vote next week for five seats on the Law Society's governing council, in an election given additional importance amid conflicts over differing visions for the society's role in Hong Kong's future.

Speaking ahead of the poll, the society's president said the SAR was facing "its most difficult time", while liberal candidates see the election as part of the fight for the future of Hong Kong's common law system.

The Law Society – the professional body for solicitors – prides itself on being apolitical. But its decisions on whether to weigh in on controversial proposed legislation, last year's unprecedented anti-government unrest or allegations of police brutality have led some to question whether it is staying neutral.

"One example is that, for some statements, they said that violence should be condemned so it's on the protesters' side. But when it comes to the police side, they say we 'express gave concern'," said George Chan , the chairman of the society's Young Solicitors' Group, and an election candidate.

"Well, lawyers are very careful about using the appropriate words, so people would think that this may not be fair comment, and that the Law Society should be politically neutral, apolitical and impartial on commenting on issues that are of great public concern."

He's one of five candidates who identify themselves as “liberal voices”. Also on that list are Kenneth Lam, Janet Pang, Michelle Tsoi and Davyd Wong. Lam, Pang and Tsoi worked as volunteer lawyers representing protesters arrested during the unrest.

At a press conference to announce their candidacies, Lam spoke of their desire to see more liberal and balanced voices on the Law Society council.

He says there has been frustration among their peers that the society hasn't been more vocal over the past 12 months on rule of law issues, such as equality before the law and the need for public powers to be restrained.

The lawyers were keen to stress they are apolitical, and will treat each issue on its merits. But Tsoi says there's nothing wrong with the Law Society showing leadership and offering its technical opinion on matters of great importance.

"We understand that, as society changes, Hong Kong people sometimes expect professional bodies with legal knowledge to address legal issues purely from an academic perspective or from a lawyer's perspective," Tsoi said.

"We can discuss legal issues legally, academically, without involving politics because you can always put an element of politics in anything. We cannot hide or run from it. But our starting point is legal discussions or academic discussions of all legal issues raised."

There are ten candidates on the ballot. The election garnered wider attention after a leaked e-mail from the Law Society president, Melissa Pang, showed her lobbying members to support her preferred candidates. None of the five "liberal voices" were on her list.

In a rare press conference to clarify what it described as "misunderstandings and correct inaccuracies" in media reports about that leak, the society said it would not endorse any candidate, but there was nothing wrong with the president expressing her personal opinion.

Melissa Pang said she was acting in a personal capacity, and had no idea how her recommendations had leaked out.

RTHK approached the five candidates on her list – Robert Rhoda and Warren Ganesh, who are seeking re-election to the council – and Olivia Kung, Cynthia Yen, and Simon McConnell. Only Kung and Yen responded, and both declined to be interviewed.

The election will be held on May 28, but with coronavirus social distancing rules in place, solicitors are encouraged to meet earlier deadlines to vote by post or by proxy.