Letters | Why British barrister who accepted Hong Kong job was far from mercenary

Upholding the cab rank rule, which ensures that any client can seek quality legal representation of their choice, is vital because it is an indivisible part of the tradition, integrity and independence of the bar

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A statue of Lady Justice stands atop the Court of Final Appeal in Hong Kong on February 1. Photo: Bloomberg

Published: 7:25am, 3 Feb 2021Updated: 7:25am, 3 Feb 2021

I refer to “Former top prosecutor in Hong Kong calls on UK foreign minister to apologise to barrister trying opposition figures” (January 19).

To my surprise, I have heard little mention in Hong Kong of the relevance of the cab rank rule, which ensures that any client can seek quality legal representation of their choice. Upholding the cab rank rule is vital because it is an indivisible part of the tradition, integrity and independence of the bar.

Contrary to British Foreign Minister Dominic Raab’s claims, a barrister of good honour should never refuse work merely because of political pressure or negative public perception. This rule ensures access to legal assistance, and adherence to it is therefore crucial for maintaining the rule of law.

The cab rank rule is equally applicable in Hong Kong, where it is provided for by Rule 6.1 of the code of conduct adopted by the Bar Association. In the United Kingdom, it is under Rule C29 of the English Bar Standard Board Handbook. It explicitly says that a barrister should accept work irrespective of the identity and reputation of the client or the nature of the case. Refusal should only be done when the barrister lacks relevant expertise.

Being a criminal law specialist and having worked in high-profile cases such as the prosecution of former chief executive Donald Tsang Yam-kuen, David Perry QC clearly was obliged by the rule to accept the brief. He should not be considered “mercenary”, as Raab alleged.

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It is also part of the Hong Kong common law tradition to instruct an additional suitable and highly experienced overseas counsel to be part of a team of local lawyers when the case at hand involves difficult legal issues.