Private practice lawyers who prosecute cases for the Hong Kong government have been asked to sign a pledge to confirm they will not do anything which would directly or indirectly endanger national security. This is broadly defined and will have major repercussion. Dennis Kwok, a board member of the 29 Principles, said that the independence of the legal profession would be greatly affected by this change which is completely unnecessary. It would only serve as undue burden for those who signed the pledge. Another anonymous Hong Kong lawyer thought that the aim of this restrictive measure is to displace those who refuse to ‘bow’ to the NSL and this requirement will soon be applied to Legal Aid lawyers as well.
These newly required conditions have given rise to grave concerns because the existing professional code of practice has already stipulated the need to avoid conflict of interest and maintain client's confidentiality, and such professional code is governed by the common law. This code has all along been adhered to over the years by the Hong Kong legal profession. This new requirement is unclear and may create conflicts with the existing Bar Code and/or the Solicitors Conduct Rules. In any event, the DOJ should first consult the Bar Council and the Law Society.