Human Rights Lawyers in China
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Numerous Chinese human rights lawyers have been taking initiatives to offer assistance to people subjected to risks of arrest and detention upon participating in the “Blank Paper Revolution”. This was sparked in November 2022 after anger rose towards the overly rigid zero-Covid policy which led to slow rescue efforts at a fire in Urumqi, the capital of Xinjiang Uyghur Autonomous Region, eventually causing the deaths and injuries of dozens of people. The “Blank Paper Revolution” has been developing into protests and assemblies in dozens of cities around China. Chinese human rights lawyers who have expressed willingness to support were immediately harassed in various forms by unknown persons. Human rights lawyers expect a further crackdown against individuals who participate in the protests.
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On the International Women Human Rights Defenders Day on 29 November 2022, The 29 Principles issued a joint statement with other organisations to call for the immediate release of Li Yuhan, an experienced human rights lawyer who has been detained for more than 1,800 days without verdict. This prolonged and arbitrary detention has caused a significant toll on her physical and mental health.
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Chen Zijuan, the wife of Chinese human rights lawyer Chang Weiping who has been detained since October 2020, has arrived the US together with her son after concerns for their safety. The case of Chang Weiping was addressed by the UN Special Rapporteur on the situation of human rights defenders and the UN Working Group on Arbitrary Detention in September 2022, in connection with prior communiques, who described his situation as a grave concern to the UN’s human rights experts.
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Human Rights Lawyers in Hong Kong
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The Hong Kong Government demands on-fiat prosecutors hired by the Department of Justice to safeguard national security. Dennis Kwok, a board member of The 29 Principles, expressed that this gesture essentially undermines the independence of the legal profession as legal practitioners would need to work under tremendous pressure. See coverage by The 29 Principles for more details.
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On 28 November 2022, the Hong Kong Court of Final Appeal ruled that prominent British barrister Tim Owen KC could defend Jimmy Lai Chi-ying for his charge of offences under the Hong Kong National Security Law. John Lee Ka-chiu, the Hong Kong Chief Executive, has asked the Beijing Government to intervene upon seeing the ruling from Hong Kong’s top court, requesting the Standing Committee of the National People’s Congress to give their interpretation of the National Security Law. Concerns and doubts are raised once again towards the principle of One Country, Two Systems in which Hong Kong is promised the institution of an independent judicial system.
Such practice apparently violates the United Nations Basic Principles on the Role of Lawyers, which are also the foundational values of The 29 Principles. Therefore, together with nine other organisations, The 29 Principles issued a joint statement to express our grave concern on the independence of the legal profession in Hong Kong as foreign lawyer’s right to practice in the territory is at risk.
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Lee Cheuk-yan, Chow Hang-tung, and Albert Ho, three core activists and the former chairpersons and vice-chairpersons of the disbanded Hong Kong Alliance in Support of Patriotic Democratic Movements of China, have been charged with subversion of state power, and they have all pleaded not guilty. They are going to face trial without jury, as Judge Paul Lam alleged that “if a jury was involved, due administration of justice could be impaired.”
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Other than the subversion of state power, Chow also appeared in trial of another National Security Law offence - the "failure to submit information as a foreign agent”. In her “no case to answer” submission, Chow denounced the Hong Kong Police Force’s practice of designating foreign agents as arbitrary, with the definition of endangering national security being ambiguous, and the failure to issue notice as also in defiance of human rights. Despite the submission, Judge Peter Law ruled that there is prima facie evidence against Chow. Chow held up a piece of white paper as she entered the court.
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