A Tale of Two Laws: Navigating Tensions between the National Security Law and the Basic Law, 8 December 2020, 3pm – 4.30pm
The promulgation of the National Security Law (“NSL”) has weaved a web of uncertainty into the constitutional fabric of Hong Kong. In many ways, the provisions of the NSL appear to contradict the wording of the Basic Law, creating difficult tensions which have – and will continue to – play out in the Courts. Which aspects of NSL do not sit well with the Basic Law’s stipulations? And which law should prevail in the case of conflict?
|Date:||8 December 2020 (Tuesday)|
|Time:||3pm – 4.30pm|
|Speakers:||Paul Harris SC, Hectar Pun SC, Carter Chim, and Anson Wong Yu Yat|
In this live webinar, our panel of four presenters will delve into:
• The legal status of the Basic Law and the NSL
• Potential inconsistencies between NSL and the Basic Law
• Which piece of legislation prevails in the case of conflict
• Beyond Hong Kong’s courts – other legal consequences which may arise from inconsistencies between the two laws
Application for CPD accreditation has been made for this event.
*Denis Chang’s Chambers (“DCC”) reserves the right to cancel the physical attendance arrangement in response to developments in the Covid-19 situation. In that case, confirmed physical attendees will be provided with the webinar link to join the event virtually. Please note that any interaction with the general public poses an elevated risk of being exposed to Covid-19 and DCC cannot guarantee that participants will not be exposed while in attendance at the event.
|Paul Harris SC
Paul is most well-known for a series of successful human rights cases involving the Hong Kong Government, including ZN v Secretary for Justice & Ors (HCAL15/2015;  HKEC 2766) which concerns the failure to crimininalise human trafficking. He also has wide experience of other areas of Hong Kong law, such as land, commercial disputes, employment, personal injury, injunctions (including Mareva and Anton Piller orders), contested probate actions, and conflict of laws.
|Hectar Pun SC
Recently, Hectar acted for the successful applicant in Chan Kung Shun and Others v. Commissioner of Police (19/11/2020, HCAL 2703/2019)  HKCFI 2882, where the Court held that the failure of police officers to display unique identification markings during anti-extradition bill protest operations contravened the Hong Kong Bill of Rights.
Carter was called to the Bar in 2012, specialising in competition law. He advises public and private parties in relation to competition matters. In 2015-2016, he was appointed as a legal counsel to the Competition Commission (Hong Kong). Carter is also experienced in public law and criminal law. He appeared (led by Mr. Martin Lee SC and Mr. Hectar Pun SC) for the Appellant in Leung Kwok Hung v President of the Legislative Council (No 1) (2014) 17 HKCFAR 689, a judicial review case related to the decisions made by the President of the Legislative Council during the legislative process.
Carter has been appointed to teach constitutional and administrative law at the University of Hong Kong, City University of Hong Kong and The Chinese University of Hong Kong.
|Anson Wong Yu Yat
Recently, Anson (led by Mr. Hectar Pun SC) acted for the successful applicant in Chan Kung Shun and Others v. Commissioner of Police (19/11/2020, HCAL 2703/2019)  HKCFI 2882, where the Court held that the failure of police officers to display unique identification markings during anti-extradition bill protest operations contravened the Hong Kong Bill of Rights.
Disclaimer: Seminars, webinars, training presentations or workshops (“Events”) and related materials produced by Members of Denis Chang’s Chambers (“DCC“) provide general information regarding particular subjects and are not intended to constitute legal advice. Registering for an event only constitutes an agreement to attend it, not instructions to Counsel. Except as otherwise noted, the views expressed at Events are the views of the speakers only and do not represent the opinions of all other Members of DCC.