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  • So you're not allowed to consider 'reputational damage',

    Nope, strictly verboten.

    or is such a thing not as relevant in light of not being able to choose clients?

    It shouldn't be relevant but has Stonehedge says I suspect most people aren't aware of the cab rank rule. Dominic Raab, for instance, in his recent criticisms of a Hong Kong QC.

  • That’s not a good example. It’s hard to argue that the cab rank rule applies in appointing a brief based in another country which is subject to a travel ban on arrivals which requires you to spend 21 days not in the UK before you are let in. Then when you arrive a 21 day hotel quarantine applies all of which would prevent you attending court for the start of the trial. The government suggested none of this would apply to him which itself might have been challenged but certainly creates an uneven playing field if one side can fly in anyone they like when the defence is limited to the local pool.

  • As I understand it David Perry QC is a member of the Hong Kong bar as well as the UK bar. While the cab rank rule wouldn't apply to him as a UK barrister, my understanding is that it would if he's a member of the HK bar. I've no experience of the HK bar or its professional rules but I understand they're essentially the same as the UK bar, including the cab rank rule.

    AFAIK he is part of the local pool, being registered with the HKBA.

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