This is one of the most difficult notes to draft as the editor of Hong Kong Lawyer, as it will be my last. This Journal has been a part of my life for almost four years, but after 44 issues, it is time for me to move on to a new chapter.
The opportunity to serve as this Journal’s editor has been one of the best experiences of my life. Not only have I been able to work with and learn from some of the most inquisitive and sharpest legal minds in the industry, I have also been able to see the Journal serve as a bridge between different members of the profession – as a platform for the legal community (here and abroad) to exchange ideas and advocate for change.
Take this month’s feature on the QT case, which discusses the Court of Appeal’s landmark decision that recognises the rights of same-sex couples in Hong Kong who are married (or have entered into marriage-like relationships) under the laws of a foreign jurisdiction. In this piece, the authors compare the QT case with a series of other cases in which the courts have paved the way for the recognition of rights of sexual minorities in Hong Kong. The judiciary’s position is then contrasted with the steps taken by the Hong Kong legislature, with the authors concluding that various areas of important substantive rights relating to sexual minorities are ripe to be addressed by new legislation.
Also included is an Arbitration feature that explores the scope of the duty of confidentiality in arbitral proceedings in Hong Kong. While expressing appreciation for the Government’s efforts to encourage and maintain interest in arbitration as a form of dispute resolution, the contributors highlight certain shortfalls in the statute that have not been addressed and may ultimately lead to problems in practice.
The Regulatory feature examines the SFC and SEHK’s recently published consultation conclusions of their joint consultation on proposed enhancements to the decisionmaking and governance structure for listing regulation. The author first observes that a clear delineation on what will fall under the SFC or the SEHK’s radar is currently lacking and then highlights challenges this may pose to listing applicants.
Also noteworthy is the President’s Message, which explores changes that are afoot in the Online Dispute Resolution space, and the From the Council Table section, which provides a comprehensive update on the Professional Indemnity Scheme.
Thanks to all who have made my tenure as editor an exciting and positive experience. I look forward to following the Hong Kong Lawyer as it continues to grow its digital presence and spur lively debate about important legal issues.