‘Fugitive from Injustice’: The Common Law and Human Rights Bases of the Continuing Right of Judicial Review While in Exile from Hong Kong

Abstract

1. Hong Kong is facing a grim future, as the sweeping National Security Law unilaterally imposed by Beijing takes root and government crackdowns on an unprecedented scale cause consternation within and beyond. All the prominent pro-democracy figures are now either in prison or in exile for dissent. One of them, Ted Hui, had been charged with multiple offences, including perverting the course of justice, for trying in vain to mediatebetweenwarringcitizensat theheightof the (admittedly sometimesviolent)protests in the latter half of 2019. Hehas since been forced into exile, fleeingfirst toDenmark with the aid ofDanish parliamentarians, then briefly to London, and now finally settling in Australia. In so doing he has had to abscond bail granted by a magistrate.