This Week in Asia

<![CDATA[Hong Kong's legal reputation still intact, say Singapore-based lawyers]>

Ongoing anti-government protests in Hong Kong have raised eyebrows in Singapore's legal community, leaving some lawyers concerned about the impact on the city as a legal centre.

British Queen's Counsel Toby Landau, who serves as an arbitrator in Singapore, said the situation in Hong Kong was damaging in terms of perception of judicial independence and this could play to Singapore's advantage.

"What matters in this field is perception" said Landau. "The real position on the ground is that Hong Kong gets a perfectly independent and perfectly impartial judge, notwithstanding what's happening.

"But the perception is this is a territory in turmoil. One does not know how the court will react, will there be a response or intervention from government?"

Another Singapore-based veteran arbitrator, who was in Hong Kong last year, was concerned about safety and whether lawyers could fly there safely.

Questioning why there was no sign of the protests dying down, he said: "The Hong Kong government could establish a committee of inquiry, just like Singapore has done before."

He was referring to a 2011 inquiry led by a judge to investigate large-scale disruptions to Singapore's mass rapid transit rail system.

"If there are grievances, it could be left to the inquiry and all opinions could be expressed there," he said.

Others remain confident in Hong Kong.

Randolph Khoo, the deputy head of dispute resolution at a law firm, said he noticed few worries among fellow lawyers.

"If work requires me to be there even at this time, I will still go to Hong Kong," he said.

The veteran lawyer, who visits Hong Kong about once every quarter, said despite violence at some protests, Hong Kong's institutional reputation for the rule of law, particularly for commercial and private disputes, has not been undermined.

"Short of the crisis leading to sudden serious or prolonged legal institutional shutdowns or failures, it is unlikely that advantages can very rapidly accrue to Singapore's legal market, especially as the impact of change in that market tends to emerge gradually rather than abruptly," Khoo said.

Another senior lawyer, a partner in a major Singapore law firm, who visits Hong Kong every four months, also remained confident in the city.

"Protests like this were common in the United States and Europe yet their reputation for strong rule of law remains intact," he said. "The same should apply to Hong Kong."

Singapore and Hong Kong have been competing to be the leading dispute resolution centre in Asia, closely following each other's policies.

The two cities are neck and neck in international legal rankings. Singapore replaced Hong Kong as the third-most preferred arbitration destination in 2018, according to a survey by Queen Mary University of London. Singapore was ranked 13 in World Justice Project's 2018 rule of law index, while Hong Kong took the 16th spot.

Last week, a landmark mediation protocol was named after the city state and is likely to be applied widely internationally.

Without commenting on the unrest in Hong Kong, Singapore Law Society president Gregory Vijayendran said a natural division of northern and southern markets exists in Asia.

"There's enough work to go around for everyone," he said. "So I don't think Singapore's gain is Hong Kong's loss."

The latest Singapore Convention on Mediation is only a tool for both places to play to their respective strengths, he added.

However, Landau and a Hong Kong-based arbitrator said the city has been battling the perception of being close to China politically, and this could affect lawyers handling cross-border trade disputes.

"It's a public relations exercise for Hong Kong," said Landau.

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This article originally appeared on the South China Morning Post (SCMP).

Copyright (c) 2019. South China Morning Post Publishers Ltd. All rights reserved.

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