Endure hardship with a smile | Lam Cheuk-ting
The crackdown of the Carrie Lam regime is getting crazier and crazier! In recent months, there have been non-stop indiscriminate arrests and prosecutions of dissidents. Recently, the situation has “evolved” to unreasonably freeze the bank accounts of protesters’ family members and non-governmental organizations, including their staff, in a serial indiscriminate suppression. This has not only caused a new round of backlash in the international community, but it also shook the confidence of people from all walks of life in Hong Kong, including conservative businessmen, in the banking system, fearing that if one person is accused of breaking the law, the whole family will be imprisoned and assets will be frozen. When I was writing this article, I was surprised to learn that Jimmy Lai was additionally charged with national security offenses. The tyranny of the Carrie Lam regime is chilling!
One must look north to China to understand the suppression of Hong Kong. The mainland regime has the tightest control over its people in the world, and every movement of the people is fully monitored. Whether it is the Ministry of Public Security, the Procuratorate, or the courts, they must “follow the party and do as the party commands.” The Chinese Communist Party (CCP) firmly controls that there is rule by man but no rule by law, and those who obey will prosper while those who disobey will perish.
This set of mainland standards has been implemented in Hong Kong with great speed. The National Security Agency has become a super department, overriding all government agencies. The notorious police force has long abandoned political neutrality and impartiality in law enforcement standards, blindly arresting pro-democracy activists, and conniving and protecting the villainous blue ribbons. The infamous Teresa Cheng has fallen to become a rubber stamp of the CCP, deciding who to rectify first, then fabricating charges, and finally piling up enough so-called evidence to “create a prosecution.” The prosecution standard of “achieving a reasonable chance of conviction” has long been buried in the crypt of the legal center on Ice House Street. The court’s line of defense is also at stake, as ultra-leftist communists continue to press for so-called “judicial reform” and the establishment of some kind of sentencing committee to provide guidelines for judges to follow, in order to wilfully destroy the judicial independence of Hong Kong. Many judges are becoming more and more conservative in their sentencing, often serving heavy sentences on minor offenders. Many protesters who have been falsely accused have even been denied bail and imprisoned before being sentenced, depriving them of their freedom for a long time. The protection of the rule of law originally meant that law enforcement, prosecution, and justice were interlocked, but now I am afraid that only some judges who adhere to the spirit of the rule of law are left to resist.
As far as I know, a large number of people in the Department of Justice (DoJ) have left or are planning to leave. They would rather re-enter the private market taking a drastic pay cut, or even leave Hong Kong than to abet others and betray their own conscience and professionalism. Even David Leung Director of Public Prosecutions (DPP), who “successfully” prosecuted numerous protesters, indicated in his resignation email to colleagues that he did not see eye to eye with his boss, the Secretary of Justice, on the running of the Prosecutions Division. In his email, he reminded prosecutors that prosecution is never about conviction, but rather about prosecuting for the right crime based on the given evidence to ensure that defendants receive a fair trial and a standard-compliant sentence. There is undoubtedly a huge discrepancy between these remarks and the public perception of him, but in any case, it is clear that there is no place even for this “ferocious” DPP in the DoJ, which is ostensibly under the rule of Teresa Cheng.
The current law enforcement and prosecution standards of the police and the DoJ have degenerated to the point of “exhaust all powers and abuse of power when there is no power.” Peaceful rallies and marches are often prosecuted for felonies. When journalists perform their duties to expose the police’s malpractices, unwarranted prosecutions are brought about through unlimited interpretation of legal provisions. When legislators, like myself, perform their public duties to monitor the police and protect the public, they are slandered by abuse of power. Even though many police officers were repeatedly criticized by judges for being “contradictory,” “unreliable,” and “outrageous” during trials, none of them were punished, let alone charged with “obstructing the course of justice.” The prosecution is losing lawsuits and legal fees, nevertheless, the DoJ and the police still insist on abusive charges. Lawmakers have repeatedly prosecuted offenders in private prosecution when the government does not press charges. Although the judges have examined the evidence in court and decided to proceed with the trials, the cases would be arbitrarily overruled by Teresa Cheng, terminating the prosecutions.
On the contrary, the police and the DoJ are obviously lax in their treatment of people from the pro-government camp and their supporters. Whether it is the police officers who indiscriminately attacked journalists and the public, the white-clad men on Jul 21, the pro-Beijing supporters who inflicted wounds upon other people with weapons, or even the pro-Beijing supporters who blatantly injured people in the chamber, all of them were connived at and harbored by the police with reasons such as “unable to identify the suspect” or “insufficient evidence.” In short, the highest standard of action is to release their own people. If the evidence is conclusive but the suspect’s background is strong enough, he or she will not be prosecuted; however, if his or her background is not strong enough, he will be prosecuted for misdemeanors, and only a few prosecutions will be selected and charged for large-scale crimes, in order to soften the blow.
The regime’s excessive arrest and indiscriminate prosecution are aimed at suppressing public opinion by force, and closing the mind with prison, in the hope of eventually destroying the will of Hong Kong people. However, with their every evil deed, they only remind the world of the disgust of dictatorship. The persistence of every righteous man is also a faint star in the dark night. We have never forgotten the many people who have fought, no matter those who are in prison, those who are arrested and awaiting trial, and those who are persecuted and forced into exile. We must stick to our faith, regardless if we are the backbone of the media, social movement friends, or young students. No one knows how long the night is. All I know is that we must find little comfort in the midst of hardship, exercise diligently, preserve strength, and outlast the night as the dawn will always come.
At this point, I learned that my good friend Jimmy Lai will be charged with national security crimes and will continue to be in prison for some time. I know that my friend has a strong will and can endure hardships with a smile. I wish to send my blessings here and wish you peace. Hong Kong people, do not forget our original intentions. Everyone take care!
(Lam Cheuk-ting, former Legislative Council member)
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