Might Is Not Right

Can might or strength make moral or legal right? When I was young, I was not physically the fittest (ie no might) and had to believe in my rights to survive, protect and defend myself. I sat an LLM paper on International Protection of Human Rights (1985-1986) and had a spell at the International Institute of Human Rights at Strasbourg in 1987.

Then I realized that while international human rights covenants had been extended to apply to Hong Kong in 1976, there were no specific statutory provisions. When I earnestly inquired about it, I was told: "Don't talk about it!" But I did cook up human rights arguments later to fight for general civil service benefits, and succeeded.

The circumstances I was in from the late 1980s were such that I had to focus on intellectual property rights - a kind of economic human right. I liked it too, as human rights lawyers are mostly dealing with civil and political rights, rather than economic, social and cultural rights. I did play a leading role in Hong Kong and a supporting role at the world level.

There is now a wealth of constitutional and legislative human rights provisions, jurisprudence, practice and procedures. I have become a panel lawyer acting for claimants who refuse to return home due to the threat of right to life, torture, inhuman or degrading treatment or punishment there. Hong Kong is a place where might is not right!

#MightIsNotRight