Seven Stories – 13/04/2020

Takudzwa Musavengana

In this series, The Law Hub writers select and share seven important legal, political, and commercial developments across the globe in recent weeks.

Greater security for Aboriginal Australians

In Australia, the High Court ruled that Aboriginal people cannot be deported, even if they do not officially have citizenship papers. This law grants Aboriginal people a special status in the country. A tight 4-3 ruling by the judges in favour has been seen as a landmark case for the original occupiers of the land. The case was directly concerned with two individuals Brendan Thomas and Daniel Love, who were born in different countries, but of aboriginal heritage, and moved to Australia as children. The two men faced deportation after committing violent crimes which led to imprisonment.

Andrew Bailey forced to U-turn over monetary financing

The coronavirus pandemic has been a damaging one for most countries, with many sadly losing loved ones and governments enforcing lockdowns and introducing emergency measures to try and slow down the spread of the virus. The UK is the first to embrace the monetary financing of its central bank (the Bank of England) to fund the costs of tackling the issue, on a short-term basis. The Bank of England has agreed to a Treasury demand for state spending, which had initially been publicly opposed by the Bank’s governor, Andrew Bailey. However, senior members of the organisation believed that it was best to have the insurance of the central bank financing short term operations, highlighting the intense demand for cash, which the government cannot finance in the gilts market.

“50 Cent” Ruffer Investment Company wins big amidst global sell-off

“50 Cent” – The London investment fund who gained this nickname by buying cheap insurance on negative spikes in stock prices have made approximately $2.6bn from trades in March, hedging against losses precipitated by the coronavirus pandemic. Ruffer, which manages around $23bn in funds made in surplus of $800m from a $22m investment in derivatives which track the Vix and profit if it rises; the Vix usually increases upon sharp stock price falls. The firm also gained an additional $1.8bn from their portfolio of credit derivatives, gold and equity.

Mentally-ill woman discharged from London hospital to make room for coronavirus patients

In the United Kingdom, a High Court judge, Justice Chamberlain ruled on Thursday that a patient, sole occupant of a hospital room who required 24-hour care by a registered mental health nurse, could be safely discharged according to government guidance, in order to make room for Covid-19 patients. The patient had been diagnosed with a functional neurological disorder as well as other psychological conditions and talks relating to her discharge and care had been taking place for over a year. In his ruling, the judge stated that remaining in the hospital, ‘where she is at increased risk of contracting Covid-19’, was contrary to the interests of the forcibly discharged patient.

A spectrum of government responses to a health crisis

Government officials in virtually all countries have been put under immense pressure to quickly respond to the coronavirus pandemic. The solutions implemented have varied in severity. Belarus has taken a softer approach with President Lukashenko insisting everyone attend saunas and drink vodka to combat the virus, while Kenya has taken extreme measures to enforce coronavirus rules, with armed security offers turning to violence – beating, harassing and even unfortunately killing people. The strict government response has caused major debates on whether these measures are necessary for protection from the global pandemic, or constitute an infringement on people’s human rights.

New emergency powers cause concern in Cambodia

New legislation passed by Cambodia’s national assembly on April 10 has vastly extended powers of the country’s leader, Hun Sen, in a move that has attracted extensive criticism from human rights experts. This law vastly increases the government’s power over surveillance of telecommunications, justified as a response to the COVID-19 pandemic. An additional provision also permits any emergency measures which are deemed appropriate and necessary in response to the crisis. Although still set for constitutional and Senate review, the legislation is predicted to pass both. The development follows the implementation of similar laws in south-east Asian countries such as the Philippines and Thailand, with critics of such measures accusing authoritarian leaders of exploiting the pandemic to strengthen their position.

The Voyeurism Act: one year on

The criticism and effectiveness of legislation is an important consideration students and lawyers have to consider. A relevant example is the ‘upskirting’ law that was enforced following a nationwide campaign. A year after the Voyeurism (Offences) Act came into force, on 12 April 2019, amending the previous Sexual Offences Act 2003 to criminalise the offence known as ‘upskirting’, only four men have since been jailed, although 16 have been convicted in total. In the first six months after the law was introduced, an upskirting allegation was made to the police almost daily on average. The reform reflects the importance of campaigns in creating legal reform, but the relatively low rate of convictions in comparison to the volume of allegations suggests that many police forces are still unsure about how to successfully investigate such allegations.