Lengthy pre-trial detention in China: Case of Public Interest Litigator Hao Jinsong

Lengthy pre-trial detention in China: Case of Public Interest Litigator Hao Jinsong

The Hong Kong judicial system is undergoing a concerning transformation after the promulgation of the National Security Law (NSL), with a noticeable replication of China's judicial pattern. This shift raises significant concerns about the erosion of judicial independence, the curtailment of civil liberties, and the potential violation of human rights.

Parallel to what we see in China's judicial system, in Hong Kong, there has been an increase in the use of pre-trial detention as a means of punishment. Defendants, particularly those charged with national security offences, are often denied bail, leading to prolonged periods of incarceration before trial.

Case of Public Interest Litigator Hao Jinsong

The recent case of Public Interest Litigator Hao Jinsong exemplifies this issue, as he was sentenced to a total of 9 years in prison, with a substantial portion of that time already spent in pre-trial detention. He had been held for a staggering 3 years and 7 months before his trial. This incarceration not only violates the principle of "innocent until proven guilty," but it also undermines the fundamental rights of individuals to a fair and timely trial.

The practice of lengthy pre-trial detention raises concerns about the potential for arbitrary arrests. When individuals are held for such extended periods without sufficient justification, it raises questions about the motives behind their detention. This worrying pattern can be seen as a means to silence dissent, stifle activism, and intimidate individuals who may be critical of the government or its policies.