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Mr Warren Chan Chee-hoi, KC, SC​​​​​
陳志海先生

Warren Chan.jpg

Mr Warren Chan, one of the most distinguished barristers in Hong Kong, graduated from the LLB programme in 1977 with First Class Honours. Mr Chan is a legendary figure in the Law Faculty and the legal profession. Over the years, Mr Chan has established himself as one of the best 'home grown' legal talents. In 2004, Mr Chan was awarded an Honorary University Fellowship.

Mr Chan identifies himself as a patriot who holds a foreign passport. He sincerely hopes that the rule of law in his homeland can develop faster and greater, so that every Chinese person, regardless of wealth, virtue, or political opinion, can receive genuine and fair protection under the legal system.

"Give back to society in the future."

1. Where is my home? Everyone must make an informed choice regarding their future. For me, if (and of course history does not entertain ‘if’) I were practising in today’s environment, I would find it more challenging (an international financial metropolis rather than a ‘cottage factory’) and more meaningful (‘One Country Two Systems’ rather than a colony). Moreover, I firmly believe my income would be higher, and I could donate more money. The world is changing, and the rule of law in different places may progress or regress at times. When it regresses, we must continue to work and not give up easily. Hong Kong is a fascinating place: colonial interests and patriotic sentiments, tradition and modernity, Confucianism and the rule of law, Buddhism and Christianity, parental authority and democracy, authoritarianism and freedom, subjects and citizens, ‘parental officials’ (父母官) and public servants, integration and conflict, one country and two systems. In Hong Kong, you will never be bored. Today’s Hong Kong is a once-in-a-lifetime city in Chinese history. However, if you are pessimistic about ‘One Country Two Systems,’ living in constant fear, believing that the ‘new Hong Kong’ has no future or financial prospects, or is uninhabitable, then shouldn’t you seriously consider relocating to your ideal place, striving hard in a new land, contributing to the local society, and proving through your actions that your informed choice is correct? Staying in Hong Kong, constantly complaining, living in fear, and rejoicing in Hong Kong’s decline, is beneficial neither to yourself nor to others. 2. Seek knowledge and be adaptable Studying (legislation and cases) to pursue legal knowledge is fundamental. Equally important is understanding the principles of law and the spirit behind them. You should read the words and contemplate their meaning, applying the principles dynamically. The adage ‘Learning without thinking is useless; thinking without learning is dangerous’ (學而不思則罔, 思而不學則殆) applies both in academic and professional life. When you are both knowledgeable and adaptable, you will naturally have confidence, and your answers to questions will be straightforward and clear. During my student years, I spent almost a third of my time teaching. My first-class honours were achieved by reading on the ferry (between Sham Shui Po and Sheung Wan) and contemplating on the bus. During my practice, my cases were the result of relentless thinking and rethinking day after day. Do you remember the case that made my name when I first started? Was it luck? A ‘small case’ with no chance, if not for my attitude at the time, thinking and rethinking until midnight... When opportunity comes, you need to be capable; opportunities are reserved for those with ability. 3. Facing the world with confidence We should neither be arrogant nor self-deprecating; we must be confident. During my practice, I have observed the performance of many renowned British Queen’s Counsel and have worked with lawyers in New York and Chicago. In my youth, I revered British QCs like gods. However, after more interaction, I realised they were not so extraordinary. Let me tell you, the standard of Hong Kong’s legal profession is not below world standards, and students educated in HKU Law are of world-class calibre. As early as 1999, I wrote in an article (‘Hard Work’) highly praising our legal education which goes, ‘During my past twenty years of practice, I have had the privilege of meeting and working with top lawyers from a number of common law jurisdictions. As a result of such experience, I believe that (notwithstanding my many inadequacies) I have been justifiably proud of the quality of my legal education.’ 4. Make an informed decision when choosing between being a solicitor or barrister The work of solicitors and barristers is very different, even their work environments are quite different. Do you want to be a barrister? You need to make an informed choice. A barrister relies on ability; once in the boxing ring, it no longer matters who your father is or which university you graduated from. What sacrifice do you have to make for being a barrister? Do you know the income of barristers (both average and famous)? If you lack such basic objective data, how can you make an informed decision? Remember, do not make a life-impacting decision based on hearsay. In any society, most people are ordinary. Hong Kong needs ordinary barristers to serve ordinary citizens, and these barristers do not need to be the best of the best. Students, do not be discouraged from becoming a barrister because of poor grades. How would poor exam results prevent you from becoming a great cross-examiner? 5. Walk the path of the rule of law for yourself and others In an article I wrote for the Faculty of Law in 2003 (‘To China with Love’), I said ‘The rule of law is of particular importance to mainland China. Hong Kong is the first place in the history of China to have a common law system. If our legal system continues to do well, it will certainly have a beneficial effect on the development of the rule of law in mainland China... Just by doing your job, and doing it as best as you can, you will already be making a contribution to the development of the rule of law in mainland China.’ Students, for your own prosperity and for the rule of law in Hong Kong, quickly embark on a wonderful life journey that you will not regret. 6. Giving back to society There are three stages in life: studying hard as a student, working hard during your career, and enjoying life while also giving back to society during retirement. You are the elite and should not have an ‘entitlement’ mentality, nor should you think that ‘society owes you.’ Instead, you should cultivate the mindset that you must give back to society in the future.

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