The terror of AI is that it can sound absolutely certain while inventing something that never existed

By HK Lawyer AJ Halkes Barrister-at-Law

The terror of AI is that it can sound absolutely certain while inventing something that never existed

I don’t usually write about client challenges, but one client ended up genuinely alarmed after an AI confidently invented a legal “rule” that simply did not exist.

The LLM presented a fabricated position as law. It was wrong in law, wrong in practice, completely disconnected from how Hong Kong’s food and beverage industry operates, and just not how the relevant regulatory authorities operate.

To give AI “one more chance” at redemption, I asked another AI to analyse what had happened. I gave it the fabricated conclusion and asked it to explain why the whole thing seemed so nonsensical. Its response was remarkably accurate.

“The text… formalises a non-existent named doctrine… applied in three main ways… in a clear, scannable, explanatory style typical of large-language-model output, rather than the citation-heavy, caveat-laden style of Hong Kong solicitor advice or government circulars.”

The problem: stating the non-existent!

AI produces writing that looks authoritative, structured and convincing, while being entirely fictional; a “bad AI” is a disaster.

Never mistake confidence for accuracy when legal advice, regulatory compliance or business decisions are involved.

And don’t think a corner-cutting AI solution will save you money; you may then not do something that would have made you a fortune or, worse still, do something that puts you behind bars!

If you need specific input regarding a strategic Hong Kong challenge or related legal matters in the HKSAR, you can always DM me and check out my profile at https://www.ajhalkes.com

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