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April 2023 | HK 47 Case | Jimmy Lai filed a judicial review

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 Organisational Updates

The 29 Principles has submitted information to the UN Committee on the Elimination of Discrimination against Women for its upcoming review of China's and Hong Kong's implementation of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). The two submissions to the committee (click here for submission on China and submission on Hong Kong) focus on the oppression of women human rights defenders (WHRDs), in particular lawyers and their family members. We highlighted how WHRDs in China are facing intense suppression, with evidence demonstrating that they continue to face reprisals, prolonged detention, prosecution, and conviction on politically related charges. We are concerned about the impact of the Hong Kong National Security Law on women human rights lawyers in the territory. Patterns have shown it has led to political persecution, prolonged detention, prosecution, and gender-based violence. We call for the Committee to question the respective governments on their conventional obligations to uphold human rights protection and clarify their commitment to and compliance with CEDAW.

 
On 8th April 2023, The 29 Principles successfully organised a seminar on "Political Violence in China and Hong Kong" at Nowhere Bookstore in Taipei. Around 30 participants attended the event and we had an active discussion on the widespread political violence in China and Hong Kong.

Chakra Ip, Executive Director of The 29 Principles and the seminar host, highlighted the increasing deterioration of the rule of law in Hong Kong. Dr. Teng Biao, a Chinese lawyer, legal scholar and The 29 Principles’ Board Member, discussed the systemic adoption of torture and ill-treatment in China, while Dr. Chen Yu-jie, an Assistant Research Professor at the Institutum Iurisprudentiae of Academia Sinica, discussed how the country utilises different mechanisms to maintain power in relation to the work of Hannah Arendt. Hsiao Kuei, the founder of Healing for HK, spoke about the psychological consequences of political violence, including the breakdown of relationships.

The 29 Principles appreciated the opportunity to share insights on the impact of political violence against human rights lawyers, defenders, and other citizens in China and Hong Kong. We extend our gratitude to Nowhere Bookstore for providing the venue and to all the participants for their support.
 

 Human Rights Lawyers in China 

Two prominent Chinese activists, lawyer Ding Jiaxi and legal scholar Xu Zhiyong, have been sentenced to 12 and 14 years in prison respectively for subversion, following more than three years in pre-trial detention. The closed-door trial took place in Shandong province in June 2022, with both having been detained in 2019 and 2020 respectively amidst a widespread crackdown on legal activists. Ding and Xu have opted to appeal their convictions, according to Radio Free Asia.

The pair co-founded the New Citizens' Movement in 2010, which campaigns for civil rights and government transparency. They were initially arrested in 2013 for participating in protests demanding equal social and educational benefits for migrant workers in Beijing.  

Their convictions have sparked international public outcry. UN human rights chief, Volker Türk, expressed his concerns over the imprisonment sentence. Teng Biao, a Chinese human rights lawyer and friend of Ding and Xu, who is also one of our board members, stated that the Chinese Communist Party had an "exaggerated sense of insecurity" this year due to an economic slowdown, which would likely exacerbate the crackdown on civil society. According to a news report, dozens of people gathered in multiple cities across the US to protest against the imprisonment of Ding and Xu.  

Along with other organisations, The 29 Principles issued a joint statement on the sentencing of Ding and Xu, condemning their sentencing, and demanding their release and expunging of all charges unless legitimate charges supported by credible evidence are presented in fair proceedings. We also call for an independent investigation into allegations of torture and ill-treatment, termination of arbitrary detention practices, and respect for the United Nations Basic Principles on the Role of Lawyers to ensure lawyers can assist their clients without interference or threats.
 
On 15 April 2023, Chinese human rights lawyer Yu Wensheng and his wife Xu Yan were criminally detained on suspicion of "picking quarrels and provoking trouble." Over seven police officers visited their home, verbally notifying their 18-year-old son about the couple's criminal detention without providing any written documentation. The son was also prohibited from taking photos. The police conducted a search and seized personal items without a warrant, and currently continue to guard the door, restricting the son's movements.

The couple were detained by Chinese authorities on their way to a meeting with the EU's ambassador to China and a senior EU official. The EU has lodged a protest with the Chinese foreign ministry and demanded their release. The detention came after the EU's foreign affairs chief cautioned China against any change to the status quo in Taiwan.  

Yu Wensheng has previously been sentenced to a four-year prison term in June 2020 for “inciting subversion of state power,” and Xu Yan was held under close surveillance by the regime.  
Along with other organisations, the 29 Principles issued a statement: Statement on the arrest of lawyer Yu Wensheng and his wife Xu Yan
Prominent Chinese human rights lawyer Qin Yongpei, who has been detained since 1 Nov 2019, was sentenced to five years in prison for "inciting subversion of state power” on 31 March 2023. Mary Lawlor, UN Special Rapporteur on the situation of human rights defenders, raised concerns over Qin's conviction noting Qin’s work in promoting human rights in China and establishing a support group for disbarred lawyers.
Chinese human rights lawyer Zhou Shifeng was taken away by dozens of people from unknown authorities on 19 April 2023, and was released one day later.  The 29 Principles learns that the human rights lawyer is still subjected to close surveillance from authorities.

Zhou was one of the lawyers arrested in the “709 Crackdown”. He was convicted for subverting state power in 2016 and sentenced to 7 years of imprisonment. Zhou served his sentence and was released in September 2022. After his release, the human rights lawyer was critical of the conditions and experiences that he came across during his detention. He complained about the non-compliance, lack of proper procedures and misconduct of Chinese public security throughout the process.

In March 2023, as also included in our last newsletter, Zhou has been forced to deregister his newly set-up 709 Consulting Group Co., Ltd.
 
Chinese human rights lawyer Gao Zhisheng turned 59 on 20 April 2023. Gao has been missing for more than 2000 days and has been incommunicado since 2017. There is no news or information regarding his whereabouts, leaving his wife and other family members in the dark. We demand the Chinese Government to immediately disclose the whereabouts of Gao, and stop exercising enforced disappearance.

 Human Rights Lawyers in Hong Kong 

The Hong Kong 47 trial, which involves a group of 47 pro-democracy activists, politicians, and community workers charged under the Hong Kong National Security Law (HKNSL), is a critical case with profound implications for Hong Kong's civil liberties, judicial system, and democracy. This case, which started in February 2023 and is expected to last 90 days, is considered a landmark case that represents China's attempts to dismantle civil society and suppress dissenting voices. The trial's outcome will have significant consequences for Hong Kong's future and the broader struggle for civil liberties in the region.  

The trial has now passed its halfway point, and the 29 Principles has published an article outlining why the people of Hong Kong and the international community should closely monitor the trial and what to look out for in the coming weeks. You can find the article on our website.
On 12 April 2023, Jimmy Lai, currently facing charges under the Hong Kong National Security Law (HKNSL) for "colluding with foreign powers", filed a judicial review with the Hong Kong High Court. He sought the withdrawal of the Hong Kong Committee for Safeguarding National Security's decision, which claimed that hiring British barrister Tim Owen KC constituted a national security risk and violated national security interests. Additionally, Lai requested the withdrawal of the Immigration Department's decision to deny Tim Owen a work visa. Previously, Hong Kong's Court of Final Appeal granted Lai permission to hire the British barrister for his defence, but this decision was overturned after the Hong Kong government asked China's Central Government to interpret the HKNSL, effectively overruling the city's highest court's decision in December 2022.

Lai argued that the committee misunderstood its powers and overreached in its decision, a role that should belong to the court. Lai has now been in custody for over 800 days, with his trial set to begin in September 2023. Mark Clifford, the President of the Committee for Freedom in Hong Kong (CFHK) Foundation, condemned the decision to prevent Lai from hiring Tim Owen KC, describing it as another example of Hong Kong authorities systematically dismantling the city's legal system and rule of law.

 
The All-Parties Parliamentary on Hong Kong, supported by the International Bar Association's Human Rights Institute, published its report on media freedom in Hong Kong. Submission by the 29 Principles was quoted in the report, concerning the Hong Kong Government’s deviation from multiple long-established common law principles as they pursue HKNSL charge against Jimmy Lai.

The 29 Principles identified several concerns in relation to the case of Jimmy Lai including in relation to the ‘principle of the presumption of innocence in the common law.’ As The 29 Principles suggested, under the NSL ‘a presumption of innocence is placed only as the second step in consideration of bail. The first step becomes determining whether the defendant will continue to endanger national security. The construction of the word “continue” implies that the defendant has already committed the crime, save to mention that the determination is vague if not capricious.’
 
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