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If Philippines wins South China Sea case, will President Duterte know what to do with it?

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HK lawyer tries to derail South China Sea arbitration court ruling with last minute filing

By Raïssa Robles

In recent days, articles on the South China Sea dispute have been appearing in various newspapers abroad, including the South China Morning Post (HK)

My hubby’s opinion piece came out late Thursday in SCMP.

Alan explored the possible impact of a Duterte presidency on a ruling by the tribunal:

A bilateral approach will get the Philippines nowhere in its South China Sea dispute with China

Alan Robles says by seemingly cosying up to China, incoming Philippine president Rodrigo Duterte appears willing to ignore carefully nurtured friendships in the region in favour of a relationship that can hardly be equal

Any time within the next month, the Permanent Court of Arbitration in The Hague is expected to hand down a judgment on the Philippine position on the South China Sea. Experts believe the decision will largely uphold Manila’s case.

Such a ruling would mark a victory for the multilateral diplomacy and “lawfare” waged by the government of President Benigno Aquino. But there’s a hitch: the decision will fall squarely in the lap of Rodrigo Duterte, who will be inaugurated as president on June 30. And the tough-talking populist doesn’t look like he knows what to do with the ruling.

To read the rest, please follow this link.

♦   ♦   ♦

Beijing is trying another trick up its sleeve.

Hong Kong’s former solicitor general Daniel Fung Wah-kin SC has asked the the Permanent Court of Arbitration in The Hague to throw the Philippine case by submitting, out of the blue, a 41-page legal brief.

Besides claiming that the Philippine suit had factual and legal errors, the brief insisted it was outside the court’s jurisdiction.

Fung claimed to represent (as chairman) a legal organization in Hong Kong called the Asia-Pacific Institute of International Law.

However, The News Lens, a news website based in Taiwan, noted that Fung’s organization was incorporated in Hong Kong only on April 19, 2016 under the name “Asia Pacific Institute of International Law Limited”. It changed its name to the present one last June 6 – on the same day Fung submitted the brief as amicus curiae or friend of the court.

News Lens also noted Fung’s closeness to Beijing. Since 2003, Fung has been a “national delegate” to the Chinese People’s Political Consultative Conference (CPPCC). China’s national legislature, the National People’s Congress, defines CPPCC as “an organization of the patriotic United Front of the Chinese people”.

Fung has had a checkered career. He was once Hong Kong’s solicitor general under Chris Patten, the last Governor of the British Crown Colony of Hong Kong. He is a specialist in China-US relations particularly its military aspects. He took up law at the the University College London.

However, in 2007, he was accused of “professional misconduct” and it took some time to rule on his case because it was difficult to find a barrister who would join the Barristers Disciplinary Tribunal Panel. Fung simply had too many friends.

Finally in 2010 he was was fined HK$300,000 for “failing to inform the Court of Appeal in 2015 about clauses of a legislative provision that were unfavorable to his client, Hong Kong Island Development, in a tenancy lawsuit.”

 

Comments

  1. It’s typhoon season in the Philippines and we already have Ambo and Butsoy from the Pacific. Another typhoon is coming this July 12, 2016 at the West Philippine Sea.

    “A South China Sea Explosion: Why China Might Go ‘Rogue’ on July 12, 2016” by Harry J. Kazianis of the National Interest, July 1, 2016

    Kazianis’ article goes:

    But what will China do when the verdict is handed down and they likely lose in large measure, as is widely expected?

    1. The least likely option – China does nothing and de facto accepts the ruling.

    2. The most likely option – China declares an Air Defense Identification Zone (ADIZ).

    3. Another possible option – China goes rogue.

    Towards a South China Sea Showdown?

    Considering the stakes, Asia watchers the world over will have a busy few days before and after July 12th ruling. Unfortunately for the region, what happens next could give birth to an even more tense situation in the South China Sea – and considering the China’s options and what it easily has the capacity to do and has done just in the last few years to dramatically alter the status quo, it seems we are in for a tense filled couple of months.

    Harry J. Kazianis is a Senior Fellow for Defense Policy at the Center for the National Interest and Senior Editor for the National Interest Magazine.

  3. digong said he will ride a jetski to the disputed island and plant philippine flag. it’s obviously a joke.

    meanwhile, jokowi went to their disputed island and held a cabinet meeting in an indonesian warship.

    digong jokes, jokowi does. who’s got the bigger balls?

  4. Susmaryosept! Raissa Robles, journalist ka bang talaga? Ang tanga mo naman!

      • Walang Dutertard na marunong mag-explain, sa totoo lang.

        Hanggang one liner lang talaga sila,

        Tapos na eleksyon kaya hindi na pwede si Duterte lang ang ipag-tanggol. Kailangan marunong na rin silang ipag-tanggol yung mga issues.

        Kaya lang kapos talaga e. Ni hindi alam kung ano yung topic.

    • Napasyal ka? Bakit? Yong style mo pang-FB lang. Dito kasi kapag nag-post ka, ang mga babasa dapat merong matutunan? Nagpapalitan ng opinyon para sa kaliwanagan ng karamihan. Hindi yong nang-iinsulto lang ng kapwa niya. Dutertards ka ba? Doon sa FB magpost. Bida ka roon.

    • CABREROS – PURONG TAGA DAVAO YAN at siyempre pa, walang kakayanang mag prisenta ng matinong argument. FYI, lahat na FB friends kong taga Davao ay walang kakayanang mag-isp ng matino.

    • Ito pa pang asar sa mga Taga Davao : DU30 will put up 12 hotlines in malakanyang for whistleblowers in gov’t offices to report daw on the shenanigans of fellow employees. These lines will be manned 24/7. This to me looks like a setting for the continuation of hiring GHOST EMPLOYEES, as what the mayor did in Davao.

    • regrets. frustrated. malalim ang kirut dahil hindi nyo matanggap na GANITO PALA ANG IYONG IBINUTONG PRESIDENTE.

      • There, there, those pro-Duterte are welcome to engage in discussions in Cyber Plaza Miranda.

        So long as they do not threaten bodily harm, they do not reduce every argument to name-calling, and they do not accuse me of receiving payoffs.

        I draw the line there. this is my site after all.

  5. raissa, kumuha ka muna law degree, magpatakbo ka kahit lowest LGU for 30 years man lang so you will have a solid credibility to teach du30 what to do. okay?

      • Raissa,

        Don’t mind those 2 hate posts. Obviously, Duterte-diehards. Cheers!

    • Sana naman magkaroon ng Dutertard na maalam sa issues yung bang kayang mag discuss at mag-defend dahil tapos na eleksyon. Yung may laman naman.

      Issues na. Kaya lang kapos ba talaga, wala bang Dutertard na marunong sa mga issues?

      • In fairness, parang wala pa akong na-encounter na Dutertard na nag-discuss ng issues. Puro personal ang atake. Lalo na sa Facebook, nagkalat sila.

        Basta ako, hinihintay kong mag-July 1. I’ll start praying for our country very, very hard.

  6. IMHO and based on Du30’s recent pronouncements, we’ll probably lose the rich fishing grounds in Scarborough but we’ll retain our hold in the Kalayaan municipality of Palawan in the Spratly archipelago due to our airstrip and military detachment in its capital, Pag-asa, including some civilians.

    It’ll be foolish to challenge the chinese navy escorting their fishermen in Scarborough with our re-commissioned 2 coast guard Cutters donated by the US unless we receive the 10 modern gunboats bought from Japan, which is long overdue.

    The US won’t come to our rescue unless there is an armed attack to our recognized land territories as provided in the mutual defense treaty.

    Scarborough is a rich fishing grounds consisting only of rocks during low tide and is claimed by Taiwan and china but within our 200-mile EEZ from Zambales. As i posted before, the US won’t allow china to construct military structures in Scarborough due to its proximity to Subic Naval Base

    • What you fear is about to happen, this week, next week. A number of Australian warships is about to enter the South China sea, they have already sailed. The idea would seem they are the bait to see if China will do what it said it would do if the Australians did this, they said they would sink them. Now if they DON’T the Chinese have to do something they really HATE to do…back down..BUT if they do try to sink the Australian warships all hell is gonna happen, cuz the US will back the Aussies and China will have gone to far. It would seem , at least on balance that China will back down, but can you imagine how outraged they will be?

  7. Ano nga ba ang gagawin pag nai-panalo ang kaso? May magagawa ba sana si Roxas kung sya ang nanalo?

    sa dinami-dami ng mga matatalino dito sa CPM, i’m sure may mga mungkahi kayo kung ano nga ba ang dapat gawin ni Digong?

    Unless maging makasarili kayo, at magaya sa mga karaniwang nagpo-protesta sa kalye, sumisigaw may problema sa ganito/ganyan, pero wala namang maibigay na solusyon.

    CPM’ers are supposed to be loyalists to the country (not to a specific political brand), unless I am mistaken in that view?

    • Continuum … of the foreign policy laid out already by the outgoing government.

      Bilateral approach(es)? Former DFA Secretary R del Rosario said in a forum (years back) that there were 40 to 50 bilateral meetings (formal & informal), written communiques & ‘dialogues’ between China and the Phils.

      In any, or in all of those bilateral approaches, China continued to claim and assert ‘historical rights’ even by adopting a unilateral ‘declaration’ as its own from its territorial enemy, Chiang Kai-shek over that body of water including its islands, islets & shoals. And to explore and mine mineral resources.

      For the past year or so, China has already militarized some islands in the Spratly Islands. Scarborough Shoal into another militarized island is in the horizon.

      What makes a bilateral approach, spearheaded by a Duterte Administration this time around, would get the Philippines somewhere in its South China Sea dispute with China?

    • A lot of level headed people are at a loss on how Dutz admin will respond to Ph win in the tribunal. Not because he is yet to say anything about it but because he has so many, seemingly conflicting pronouncements. It leads many to believe that, like in several issues of national concern, he is not well-versed on the issue.

    • Well, the best thing that Digong can do on this matter, is to step down ASAP, cause he’s obviously ill-equipped mentally to handle such things.

  8. Reality:

    If International Court favors the Philippines but China refuses to leave all areas it occupied?

    What will the Philippines do? What will Duterte and Congress do?
    What will the allies do?
    What will the United Nations do to implement decision?

    Compromise?
    While arbitration and delaying tactics go on, China continues to build and occupy.

    Where do they start the comprise? From before China building structures or after tthe decision?
    Can the Philippines afford to wage war against China even with US support? Hell,No!

    Tough decision when Reality sets in.
    Remember Brexit! British economy in turmoil. Uncertainty affecting even Philippine economy and finances. Will get expensive to travel and less work in Europe for OFW. Those who voted “Leave EU” are now voicing in droves “regretting” their votes!

    If China says Scarborough islands will be shared economically equally under UN administration and security, will Philippines accept such Compromise?

    Patriotism or Nationalism or Common Sense?
    He he he!

    • JLin,I know you are an economist, I am not sure but apparently Raissa has met you in person.

      Here’s a link to Brexit,I can’t understand these mambo jumbo of monies and economy.

      http://timesofindia.indiatimes.com/world/europe/Leave-as-soon-as-possible-EU-chiefs-tell-Britain-after-Brexit-vote/articleshow/52901637.cms

      At a time when Duterte has a tough guy posturing not needing the foreign aids , what now if the hardships fall when everyone even allies are having a collapse?

      104 MILLION to sustain when the money and food and everything gas, and basic necessities are harder to obtain or NO MORE.

      Brexit is first, who’s next and what does it mean, JOHNNY?

      • @netty
        No, I’m not an economist just a lowly analyst and professional gambler
        No, I have not met Raissa

        Brexit- Britain Exit from European Union
        ExitDaanMatuwid- Filipinos exit from Yellow Union

        Yes, Filipinos and British are passionate voters. Similarity in voting dictated by emotions without using their brains on future consequences.

        Brexit was the aftermath of Fear of English people on uncontrolled immigrants living in Britain thru open borders policy of European Union. Britain will have a new Prime Minister

        ExitDaan Matuwid was the aftermath of Fear of Filipinos on uncontrolled crimes and drug use besetting the safety and peace of mind of the people. Philipines will have a new president.

        Difference of Election Result
        Brexit- will now Enter into uncertain Economic Timezone

        ExitDaanMatuwid- will now enter into Killing Time

        He he he

        • digong has gotta act fast, maybe, postpone sleeping until 1pm, and stay tuned because now, it’s his head on the platter.

          on winning our case against china, digong should have already a plan a, or a plan b, put in place long before the decision is reached. he should have already been anticipating the outcome, prepared and ready.

          as soon as announcement is out that indeed we have won, digong should immediately send diplomatic corp telling china to vacate the shoal within a specified time. failure to leave within the time asked means our peacekeeping troops will come to oversee evacuation in the shoals. those that refused to evacuate will be forcibly removed and sent back to china. we will take over their buildings and structures. as sign of good faith, we may reimburse china the cost of the blgs.

          as president, digong is surrounded by best minds in the country and should be able to thinktank with them, guesstimating.

        • @Moonie – there are no buildings and structures yet in Scarborough built by the chinese bullies, only a cordoned lagoon where chinese fishermen do their daily chores guarded by chinese warships, to include shooing-away Filipino fishermen with water canons.

          It is best to enter into a compromise where our fishermen share the common grounds – anyway, it’s well within our 200-nautical mile EEZ from Masinloc, Zambalez

          Diplomacy and not war is the better alternative in the case at issue

    • One ‘gorilla’ suggestion to counter another (including @Blabber), send in a flotilla of civilian container ships to Scarborough to push out the squatters. A non military solution to begin with to assert Phils.’ right over that Shoal.

      Digong can lead riding on a jet ski the biggest civilian container ship to claim back Panatag. OR to make it dramatic, let Digong make a L de Carpio (Titanic) stand in the lead civie ship.

      Walang biru, maraming bakanteng mga container ships ngayon at maraming mga PiNOY sea men looking for work.

  9. Here is an article I believed has some of my own observation, those that I can’t beautifully expressed myself and has very interesting observation of the incoming president and his attitude regarding the South China Sea, towards the end of the article.

    If Philippines wins South China Sea case, will President Duterte know what to do with it?
    This is his bigger dilemma, bigger than the problem of burying the wax-man.
    This title is suited to the points of opinion esp. the writer wrote that Duterte’s cabinet members were a mismatch of different foreign experiences from the different presidential leaders and the mixed of the REDS and utilization of the previous YELLOW ECONOMIC PROGRAM , this govt would be interestingly unfolding.

    Another nice link below to read, and after we can have great discussions on all the points of the article.
    Here’s an excerpt:
    “Duterte’s innately parochial outlook is illustrated by his casual approach to the one major international issue in which the nation is an important player – the South China Sea. He made a series of typically contradictory off the cuff remarks. ”

    http://www.theglobalist.com/duterte-the-making-of-a-philippines-president/

  10. re “Daniel Fung Wah-kin SC has asked the the Permanent Court of Arbitration in The Hague to throw the Philippine case by submitting, out of the blue, a 41-page legal brief.”

    I am of the opinion this is to delay the court’s due decision or judgement. China wishes to bid for more time.

  11. “Duterte’s statement on West PHL Sea dispute signals changes in country’s foreign, defense policies”

    President-elect Rodrigo Duterte’s refusal to go to war over the Panatag (Scarborough) Shoal even if the nation wins the arbitration case filed against china is a sign there will be changes to the country’s national defense stance and foreign policy over the next six years, former National Security Adviser Roilo Golez said Thursday

    “What Duterte said was a very strong statement that would send signals to everybody. That will be the basis for the realignment of the AFP modernization program, for realigning our defense doctrine and foreign policy.” he said in a forum

    Should the Permanent Court of Arbitration in The Hague ruled in favor of the Philippines and its 200 kilometer Exclusive Economic Zone under the UNCLOS, Duterte said he’d only send civilian coast guard vessels

    http://www.gmanetwork.com/news/story/571032/news/nation/duterte-s-statement-on-west-phl-sea-dispute-signals-changes-in-country-s-foreign-defense-policies

    It’s very fortunate that the US warns of ‘action’ if China builds structures on Scarborough reportedly due to its proximity to the detour sea road of US submarines going to Subic Naval Base

    • Digong’s consoling words to A Cayetano and K Pimentel for the Senate Presidency, ‘fight it out’.

      Will it be the same for superpowers China and USA for Scarborough Shoal?

      Digong asks the US Ambassador ‘Are you with us or not with us?’

      – http://globalnation.inquirer.net/140364/duterte-to-us-ambassador-goldberg-are-you-with-us-or-not

      By his sheepish recent pronouncement, would he go as far as to war or ‘fight it out’ with the US against the squatter?

      In 2012, the US brokered when there was a ‘mexican stand of’ in the shoal. The Phils’ acceded for all to vacate and its Coast Guard vessels left the shoal, but the Chinese’s did not. Alas –

      Sure, why risk a regional war or a global war between superpowers over some shoal(s), right? That shoal is or isn’t just the tip of who blinks first. It is a test of will as to as far can China can get bully itself in the region (East, South CS), especially against the Philippines – another ally of another superpower it wishes to dethrone.

      • addendum

        By his sheepish recent pronouncement, (‘President-elect Rodrigo Duterte’s refusal to go to war over the Panatag (Scarborough)’)

        —
        erratum

        … China can get to bully US’ allies in the region

      • ‘‘Are you with us or not with us?’

        Who should have said this to whom?

        . . . ‘tsk tsk tsk’ – tsked the US Ambassador (to himself). . . to Digong.

        • Good question yet confounding if indeed the toughie president-elect has really got teeth to bite, or can walk the talk. Loose talker putting the whole country at risks. Years of patience to diplomatically resolve thru the Permanent Court of Arbitration. Sa bandang huli, siya rin pala ang mag eskapo.

          Is the incoming Philippine president Rodrigo Duterte a reliable ally? A man of his word? An honorable man?

          That’s the question the 16 m voters may have failed to measure about their candidate.

    • If the new Administration changes signals in its foreign and defense policies, time to STOP BUYING old refurbished warships!

      We can buy China’s old trains instead from their grave yards. Money again for some.

      If UN Tribunal gives Philippines the decision, and this new Adm ignores it, will there be a falling out with the USA?

      . . . and our new ALLY is China, not the USA anymore. Not Japan too. Include Australia also. South Korea too. What about the other Asean countries?

      We will have then those PANDA stuff dolls in numbers. I don’t know what to do with it.

      [that photo of the panda is so touching the lower part of Digong’s! . . . ha ha ha]

      the claws tickle-tickle it. . .

  12. ‘If Philippines wins South China Sea case, will President Duterte know what to do with it?’

    IMO, not really.

    Digong’s play it by ear approach is symptomatic of a fickle-minded toughie whose pasts, DDS of ghosts haunts him and tags along. Come to think, 16 m souls were smitten by his staged platform antics.

    Jet ski to Scarborough? May his DDS ghosts tag along. Could scare the gorilla off the rocks.

    —

    Great article @Alan. Thanks for sharing @Raïssa.

  13. Duterte better leave it to experts on foreign matters as it will be so foreign to him. He will have no enough time to delve on it.

    To go into ‘partnership’ with China: ‘China’s demand that Chinese law should apply in any partnership agreement.’ (Alan Robles’)

    What is really China law on partnership? First, it says (under China law on PARTNERSHIP) –

    ‘Article 2. For the purposes of this Law, “partnerships” refer to both general partnerships and limited liability partnerships, both of which are established according to this Law by natural persons, legal persons or other organizations within the territory of China.‘

    Will China agree on International Law on Partnership Agreement? Is there one?

    Any partnership agreement, if Philippines enters into it with China, the latter’s law will be upheld because it must be ‘established according to this law [China law] within the territory of China.

    Law of the People’s Republic of China on Partnerships

    (Adopted at the 24th Meeting of the Standing Committee of the Eighth National People’s Congress on February 23, 1997 and amended at the 23rd Meeting of the Standing Committee of the Tenth National People’s Congress on August 27, 2006)

    Link of China law on partnership

    http://www.npc.gov.cn/englishnpc/Law/2008-01/02/content_1388020.htm

    • There are 109 Articles on China law on Partnership. Philippines or any Philippine natural or juridical person(s) etc. will have to COMPLY, including licensing, etc., and paying taxes, etc. , all to China.

      That is probably the reason why [as Alan Robles’] article – Aquino recalled: “There was a Chinese petroleum company that was engaged in talks for a possible joint venture, and we were hopeful that that would happen. But we did propound the question, [under] whose laws will this agreement be undertaken? That’s where it stopped.”

      It stopped. The Chinese petroleum company was about to say: ‘Look, we have to be under China law on Partnership.’ . . . saying this to Mr. Aquino will stop the discussion. Stop it did.

      Will Duterte agree to be under China law on Partnership? Admitting that such agreement is made ‘within the territory of China?’ (Article 2 above)

      That will be going further into a very critical situation: First, China took all over Philippines’ territory. Second, submitting or agreeing on a partnership that such territories are now property within China’s territory. What’s next?

      Duterte is a lawyer. A former prosecutor. A Mayor. Now, he will be President in the next couple of days. Will he, under such a condition of his life, education and character, go into all these adventures with China, on a bilateral or whatever, agreement with China under that set up?

      As kalahari on # 50 of the immediately preceding blog site here, gave it out, the Philippines’ continental shelf is rich on this –

      ‘Good news – for a change

      “Vast deposits of Methane Hydrate in Benham Rise could turn the Philippines into a natural gas exporter”

      Benham Plateau, also known as Benham Rise, is a 13-million-hectare undersea region rich in minerals and huge natural gas deposits, located in the Philippine Sea, East of Luzon.

      In April 2012, the UNCLOS has approved the Philippines’ territorial claim to Benham Rise, which the Philippine government claimed as an extension of the Philippine continental shelf

      Methane ice deposits are believed to be a larger hydrocarbon resource than all of the world’s oil, natural gas and coal resources combined, it could become the next energy game changer. Experts dubbed the methane ice as the “fuel of the future”

      In fact, the deposits of this methane ice in Benham Rise are believed to be so huge, it could make the Philippines one of the richest countries in the world. Japan and South Korea have expressed interest in exploring Benham Rise.

      http://www.moderntribune.info/vast-deposits-of-methane-hydrate-in-benham-rise-‘

      Will Duterte abandon this natural wealth of ours to China? Under the latter’s law on partnership?

      I believe as a former prosecutor and being a lawyer, it can not be that so easy for China to take it from a President of this Republic, who is a lawyer and former prosecutor, will not forsake a won decision from the UN Tribunal.

      [If Philippines won, that is to say. But Mr. Yasay says China will win. Yasay’s name baliktarin mo, ‘yasay’ pa rin. he he he]

      China has reached up to Indonesia’s island – Naturna, on that 9-dash lines! So FAR FAR AWAY from China mainland. Imagine that! Indonesia won’t give in to China for whatever reason or reasons. It even shot the Chinese fishermen fishing on that island. [which the Philippine should have done a long time ago or shot those Chinese gun boats stopping our own fishermen.]

      Indonesia has guts. How about Philippines? No guts no glory. Or have glory even when dead.
      Will China prefer ‘dead’ without glory?

      Nawawala ang glorious na tapang ng Filipinas!

      • Ma’m Raissa. . . what ‘dig that one up’ are you referring? : China’s law on Partnership or Indonesia’s Island – Naturna? Or about ‘Yasay?’

        Answers: both from CYBERSPACE sleuthing lang Ma’m. In truth. . . news papers (Naturna topic) and ‘Yasay,’ and Partnership law of China – Google lang. And vice-versa doing for all.

        he he he

    • one of the blogs of ma’am raissa: Mayor Duterte, please disclose what you told Chinese officials about the South China Sea

      baka ito ay isa sa mga tiles ng puzzle:To go into ‘partnership’ with China. he CONTINUED where pnoy STOPPED. sya pa nga nag-offer na patayuan na lang tayo ng railway ng china.
      who knows malaki ang contribution ng insek sa kanyang kampaya. parang pinirahan nya lang ang kanyang mga campaign contributors like the marcoses. in return ipalibing nya si wax man sa LNB. nyaon ang mga insek ay sa inyo na kami babayad ng lahat na taxes…. talagang MASAKLAP ang resulta ng 16M

      CONGRATULATIONS to all the 16m that voted him.

      • From Frank Sinatra: “Regrets, I’ve had a few, but then again, too few to mention”

        One of them was voting for digong – same as those Britons who voted for Brexit

        Digong never mentioned in his campaign sorties that he’s a leftist/maoist except a clenched fist that many fail to decode.. When joma comes back, he’ll probably insist that all Yankees’ military hardwares must not be allowed to enter the PHL territories

        • “that clenched fist”
          kuyom na kamao.
          iyon ang aking binibigyan ng pansin noong kampanyahan.

  15. He is not a specialist in the law of the sea, maritime etc etc etc..

    Mr. Daniel Richard Fung, SBS, SC, QC, JP, is Senior Counsel of the Hong Kong Bar specialising in commercial, corporate, constitutional and administrative, law and litigation. Mr. Fung has been in continuous practice for over two decades, achieving in 1990 appointment as Queen’s Counsel. He was Solicitor General of the Hong Kong SAR Government. In 1994, he became the first person of Chinese extraction to serves as Solicitor General of Hong Kong, a position he occupied for four years. Since 1997, he was the first Solicitor General of the Hong Kong Special Administrative Region of the People’s Republic of China. He serves as Chairman of Des Voeux Chambers; Chairman of the Broadcasting Authority and Chairman of East-West Strategic Development Commission. He serves as a Director of the Aviation Security Company Ltd. He has been an Independent Non-Executive Director at Giant Great Limited since January 03, 2000 and Guangdong Investment Ltd., since January 2000. He serves as a Non-Executive Director of the Hong Kong Securities and Futures Commission. He serves as a Director of the Salzburg Seminar. He serves as Member Of Advisory board at Investment Company of America. He serves as a Member of Advisory Board at American Funds – Investment Company of America. He serves as a Member of Advisory Board of Yale-China Association and ABAUNDP Resource Center. He served as Independent Non Executive Director of Industrial & Commercial Bank of China Asia Ltd., until April 24, 2003. He served as Board Member of Airport Authority Hong Kong since June 1999. He is Member of Hong Kong-United States Business Council. He served on respectively the Basic Law Consultative Committee from 1985 to 1990 and the Central Policy Unit of the Hong Kong Government from 1993 to 1994 and was Distinguished Fulbright Scholar for Hong Kong in the Year 2000. He is a Member of the World Bank International Advisory Council on Law and Justice, International Consultant to the UNDP on Corporate Governance in the PRC, Special Advisor to the UNDP on the Rule of Law Development Program in Laos, and Advisory Committee Member of the American Bar Association/ United Nations Development Program Legal Resource Unit. He serves as a Member of the Tenth National Committee of Chinese People’s Political Consultative Conference. Prior to becoming in mid- 1999, he was the Founding President of the China Law Council. He called to the English Bar in Middle Temple in 1975 and to the Hong Kong Bar in 1977. In 1998, he left public office to take up successive appointments as Visiting Scholar at Harvard Law School and Senior Visiting Fellow at Yale Law School. He holds Judicial Education from Nankai University in Jurisprudence.

    http://www.bloomberg.com/research/stocks/people/person.asp?personId=8861539&privcapId=878282

    • With that so many and so long ‘decorations’ he has, how can he file a legal ‘brief’ before the UN Tribunal when he spent almost all his time getting those ‘decorations’ and not the expertise work on litigation before courts?

      Plus, acc to you, he has no experience as a ‘specialist in the law of the sea, maritime etc etc etc.. ‘

      Somebody else must have ‘done the legal brief’ for him. . . the usual trick of lawyers in the field, pretending to know when in fact knows nothing!

      Don’t we be fooled by lawyers! They get to know and apply all clean and dirty tricks everywhere.

      ha ha ha