HK's rule OF law is dead : HK's foreign judges must resign
Updated: Sep 24, 2021
In November 2019 a policeman on a motorcycle repeatedly drove at and collided with HK protesters who were walking along a road. It is unknown if any protester was injured. According to HKFP this policeman only received a written warning for his reckless motorcycle incident. The current Secretary of Security Chris P.K. Tang was then the Commissioner of Police (please read references below).
The recent case of Hong Kong (HK) motorcyclist Tong Ying-kit, who was convicted to nine years in prison, is the first case to be heard in a HK Court under the Chinese Communist Party's (CCP) unconstitutional rule BY law 'national security law'. Key issues include:
Under the Joint Declaration HK's Basic Law, a document drafted by CCP's China, article 23 "The Hong Kong Special Administrative Region shall enact laws on its own to prohibit any act of treason, secession, sedition, subversion against the Central People’s Government, or theft of state secrets, to prohibit foreign political organizations or bodies from conducting political activities in the Region, and to prohibit political organizations or bodies of the Region from establishing ties with foreign political organizations or bodies". On 30 June 2020 CCP's NPCSC enacted and illegally inserted the national security law into the Joint Declaration's Appendix III. No draft had been provided for HK people's consultation. No official English language translation was provided. UK considers this to be a serious breach of UN international treaty, the Joint Declaration.
There has been no answer from China to the UN special rapporteurs letters of 1 September 2020 on UN questions about HK's 'national security law' enacted under the rule BY law of CCP's NPCSC on 30 June 2020. China is one of only five permanent members of the Security Council and must act in a befitting manner. Mandates of the UN special rapporteurs on HK's National Security Law of 1 September 2020 ;
CCP's rule BY law 'national security law' annexation of HK in effect means that HK no longer has the rule OF law, independent judiciary and final adjudication as required under UN international treaties. China is in breach of the UN treaty Joint Declaration;
HK Secretary of Security John Lee in March 2003 formally confirmed that for national security legislation HK must comply with the 'Johannesburg Principles';
A jury trial is the human right of a Defendent in a HK Court under the rule OF law common law system which HK has under the Joint Declaration. In this trial there was no jury as requested by the Defendent : The case was heard by three hand picked 'national security' judges who were chosen by the Chief Executive (CE) Carrie Lam;
This case sets dangerous precedents. For detailed UN obligations please read and share our blog 'General Comment no.34: ICCPR Article 19 Freedoms of opinion and expression' which deals with ICCPR article 19 on opinions and expressions (see blogs below).
Back in 2019, "Liberate Hong Kong, revolution of our times" was an ubiquitous slogan in the city, chanted by tens of thousands as they took to the streets in pro-democracy demonstrations.
BBC on 1 August 2021 reported 'Tong's conviction for secession was because of the slogan on his flag, with the court ruling he was guilty of terrorist activities as his collision with police officers was a 'deliberate challenge against the police''. In the end, the three judges presiding over the case ruled that the phrase itself was "capable of inciting others to secession".
HKFP on 31 July 2021 reported 'Official international human rights bodies have generally held [UN General Comment No.34] that speech must contain a direct incitement to violent action, and that there must be a clear nexus between that speech and likely or actual violence, in order for the speaker to be held criminally liable.
This case illustrates how HK's hand picked national security judges can and have whitewashed anything they want using the 'national security law' : This is not a security law - it is a law prohibiting the lawful human rights of which HK is obliged under UN international treaties to uphold.
It is time for HK's foreign judges to publicly acknowledge that by remaining on the bench in HK under CCP's rule BY law they are damaging HK people and the rule OF law locally as well as in other common law jurisdictions worldwide.
[Update 13 August 2021] HKFP reported on 12 August 2021 'Judges criticise Hong Kong’s Justice Dep’t over prosecution of possibly innocent man'.
In order to support the international rules-based order and the rule OF law, we urge all foreign judges to immediately resign from the HK judiciary.
CCP please answer all of the following UN letters sent to you:
Mandates of the UN Special Rapporteur 28 June 2019 (On 12 June 2021 protest)
Please read and share our blogs:
General Comment no.34: ICCPR Article 19 Freedoms of opinion and expression
1 year of HK's national security law : What the rule of law world is saying
612 Hong Kong is still revolting
HK's rule OF law is dead so bury it!
When injustice becomes law (part 3): HK's monolithic power structure includes the judiciary
When injustice becomes law (part 2): HK needs a 'counter-interventionist' common law
When injustice becomes law: importance of the rule OF law (part 1)
Injustice of HK's DoJ: no public prosecution and terminating private prosecutions
HKFP 12 August 2021 'Judges criticise Hong Kong’s Justice Dep’t over prosecution of possibly innocent man'
Irish Times 2 August 2021 'Hong Kong: where advocating liberation now costs you your liberty'
BBC 1 August 2021 ''Liberate Hong Kong': The slogan that will land you in jail'
HKFP 31 July 2021 'Judgement in Tong Ying Kit’s case sets dangerous precedent, ignores human rights law'
HKFP 30 July 2021 'Police say officer who rammed motorbike into protesters was given ‘suitable written advice’ after probe'
RFA 30 July 2021 'Hong Kong Motorcyclist Gets Nine Years For Flying Banned Slogan, Riding Towards Police'
RTHK 30 July 2021 'Tong Ying-kit jailed for 9 years under security law'
VICE, 20 September 2021 "Inside the Surreal Trial of the ‘Most Benevolent Terrorist in the World’"