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No rule of law in China: Helena Kennedy warns Beijing’s intervention in Hong Kong judiciary

蘋果日報 2021/03/09 15:30


Veteran human rights lawyer Baroness Helena Kennedy QC urges common law countries to ban their lawyers from taking up cases in Hong Kong, citing concerns on the city’s rule of law under the national security law.
Speaking in an online forum titled “Hong Kong Democracy and Human Rights: Protecting fundamental freedoms and upholding international standards,” Kennedy, director of the International Bar Association’s Human Rights Institute, hit out at China’s violations of human rights and growing influence in Hong Kong’s judiciary.
“The rule of law is simply not present in China,” Kennedy slammed. “Yes, they say they have got the rule of law, but what they mean by saying is ‘rule by law.’ Rulers decide what the rules and people are just expected to abide by them.”
She also noted how China has ripped up the Sino-British Joint Declaration, evident in its growing crackdown on Hong Kong’s autonomy. “We are really seeing a retreat, a tearing-up of international agreement and we should be calling very vigorously on the United Nations to take a step with regard to China’s conduct.”
The British barrister also drew attention to the threats faced by the city’s legal system, saying that the national security legislation is clearly “an assault of the rule of law” as it allows the administration to intervene in the judicial process. Cases should be handled by independent judges and lawyers under the rule of law, but not for national security cases, which are presided by judges handpicked by the Chief Executive.
The recent call for judicial reform from pro-Beijing politicians is a clear sign that they are going after the rule of law and judicial independence of Hong Kong, she also warned.
She urged common law countries to ban their lawyers from taking up cases in Hong Kong, adding that lawyers should join hands to safeguard the rule of law.
Kennedy was among one of the legal heavyweights who voiced up against British barrister David Perry QC for agreeing to lead the prosecution of media mogul Jimmy Lai and other prominent democracy activists over their involvement in one of the protests in 2019.
Exiled pro-democracy activist Sunny Cheung echoed by saying that lawyers overseas should reject invitations from the city’s Department of Justice so as to prevent playing complicit to the suppression of democratic rights.
“The Hong Kong judicial system is already compromised and severely interfered by the Beijing government,” said Cheung in the same forum, citing the recent hearings of 47 pro-democracy activists charged with subversion.
“The Biden administration and international community should condemn the Hong Kong and Chinese governments for how the national security law has been used to eliminate dissent in Hong Kong,” Cheung appealed. He added that the European Union Council should abolish the trade agreement with China, as the free world should not compromise or kowtow to economic interests.
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