By Li Ping

Ren Zhiqiang, a “second-generation Red” [Children of the founders of the Chinese Communist Party] entrepreneur, was sentenced to 18 years of imprisonment for corruption and other crimes. He said in court that he would not appeal. 12 Hong Kong youths have been detained on the other side of the Shenzhen River for more than a month, and have not been allowed visits from family members or lawyers. Hongkongers are once again witnessing what the rule of law means under the leadership of the party. When the CCP launched the so-called united front, which was in fact a socialist reform, of the private enterprises, the judicial concept was also rewound to that of the 1950s, recreating the scene of “when the party committee decides to arrest, the procuratorate will stamp its seal of approval with the eyes closed”.

Back to this side of the Shenzhen River, when the Carrie Lam government blatantly denied the separation of the three powers, and when political prosecution became the norm, the rulings of judges can no longer avoid being questioned and criticized. When Geoffrey Ma stated that “there must not be a politicisation of the Judiciary and its functions,” rather than see it as an appeal to uphold judicial independence, it was perhaps more of a lament that judicial independence is bygone. Spigelman took French leave, a smart move to rid himself of the troubles of whether to follow the party committee’s instructions to the letter in his rulings.

Concurrent to the judicial storms between China and Hong Kong, the CCP has launched a united front on private enterprises to push mixed-ownership reform. The General Office of the Central Committee of the CCP issued the “Opinions on strengthening the united front work of the private economy in the new era” last week, and for the first time publicly included the investment in the mainland by Hong Kong and Macao businessmen as targets. When the CCP carried out its transformation of capitalist commerce and businesses, it also supplemented with the corresponding laws and judicial reforms which were formulated in the first constitution after the establishment of the CCP in 1954. It was articulated that “people’s courts conduct trials independently and follow only the law”, “people’s procuratorates exercise their powers independently, free from interference by local government agencies.”

However, when it is about the rule of law, the CCP often talks out of both sides of its mouth. Whether it is the legislative intent and judicial practice, they are inseparable from serving the party. In January 1955, Liu Shaoqi, then-Chairman of the National People’s Congress, upon hearing a report from Zhang Dingcheng, Procurator–General of the Supreme People’s Procuratorate, stated that “Our laws are not to restrain ourselves, but to restrain, strike, and destroy the enemy.” In July of that year, Liu Shaoqi instructed Zhang Dingcheng and deputy chief prosecutor Liang Guobin to ask the procuratorate to take responsibility for the arrest and prosecution in accordance with the constitutional provisions and perform as the party’s shield. “When the party committee decides to arrest, the procuratorate will stamp its seal of approval with the eyes closed”.

After Xi Jinping came to power, he passed the “Decision on several major issues in comprehensively promoting the rule of law” at the Fourth Plenary Session of the 18th Central Committee of the CCP in 2014, declaring that the party’s leadership must be adhered to, and people are the masters of the country, where there is an organic unity of the rule of law. His declaration as mocked as a change of posture of riding on the people’s heads. The CCP’s promulgation and implementation of the Hong Kong national security law is simply a tool to ride directly on Hongkongers' heads. 12 Hongkongers who were suspected of attempting to abscond to Taiwan but fell into the hands of the mainland police have already been detained for more than 30 days, and have not been granted even a visit from families and lawyers. The Chinese Ministry of Foreign Affairs has already spoken on behalf of the party accusing these youths of attempting to separate Hong Kong from China. Since the Shenzhen Procuratorate is still waiting to stamp its seal, it is likely that individual Hong Kong youths have not submitted to pleading guilty. They will have to be “convinced” by the official lawyers before admitting their crimes on TV, giving a full performance of governing the country with the rule of law.

As a second-generation Red, Ren Zhiqiang swiftly received 18 years in prison with his criticism of the CCP for concealing the Wuhan virus and denouncing Xi Jinping as a “clown with his clothes stripped and still insists on being the emperor”. He was charged with corruption, bribery, embezzlement of public funds, and four cases of abuse of power by state-owned company personnel. The sentence is a demonstration of the ends the CCP will go to when it comes to speech crime, as well as how the procuratorate and court will “close their eyes and stamp” in accordance with the party committee’s decision.

CCP’s mouthpieces and pro-communist politicians in Hong Kong have recently been firing frequent attacks at courts and judges. It is precisely because Hong Kong’s judicial system has not yet fallen to the level of “stamping with eyes closed”, as wished by the CCP and the Hong Kong communists, for there are still judges who are upholding conscience and professionalism in ruling and sentencing. However, the selective and political prosecutions by the Department of Justice will surely cause judges to face political disputes and the judiciary to be politicized. Many provisions of the national security law deprive Hongkongers of their right to judicial review and judicial independence, and the pressure on judges to “close their eyes and stamp” is increasing by the day. Judicial independence will quickly evolve into the rule of law under the leadership of the party.

Ironically, Liu Shaoqi himself later became a victim of the rule of law under the leadership of the party. During the Cultural Revolution, he also held up the constitution to protest against the criticism of the Red Guards, stating that “I am still the president of the country, and this constitution guarantees the personal freedom of citizens.” This episode of black comedy is also a warning for Carrie Lam and her gang who have publicly denied the separation of powers in Hong Kong. On the day when you all get abandoned by the CCP, or history, on the day of judgment, will there still be systems and laws to protect your human rights?

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