英前司法大臣聯署 稱港法治嚴峻威脅 律政司斥無根據 港法界指雙學案無重審
As lawyers, we regard the imprisonment of
Joshua Wong, Alex Chow and Nathan Law in Hong Kong as a serious threat to the
rule of law and a breach of the principle of“double jeopardy” in Hong Kong– in violation of the International Covenant on
Civil and Political Rights.
These student activists led the Umbrella Movement in Hong
Kong in2014– one of the most peaceful public protests the world
has seen. Joshua Wong, Nathan Law and Alex Chow were already punished by a
court a year ago. Joshua and Nathan respectively served80 and120 hours of
community service, and Alex received a three-week suspended sentence. Yet the Hong Kong government decided to reopen the case and
sought tougher punishments.
The law under which they were charged, the Public Order Ordinance, has been
criticized by the United Nations for“facilitat[ing] excessive restrictions” to
basic rights, and is incompatible with the International Covenant on Civil and
Political Rights（ICCPR）, which applies to Hong Kong. Human rights organisations have long
urged Hong Kong to revise the ordinance to
comply with the ICCPR.
Serious concerns over the independence of the judiciary arise. Court of Final
Appeal judge Kemal Bokhary warned of“storm clouds” over the judiciary five
years ago. Hong Kong’s judges want to protect its independence, but they face
increasing pressure from Beijing.
In2014, China issued a White Paper declaring that Beijing has“comprehensive
jurisdiction over Hong Kong”– instead of“the high degree of autonomy” provided
for in the Sino-British Joint Declaration and the Basic Law, Hong Kong’s
constitution. China also
announced that Hong Kong’s judges are merely“administrators”
who must love the country and be"subject to oversight by the central
government”. The independence of the judiciary, a pillar of Hong
Kong, risks becoming a charade, at the beck and call of the
Chinese Communist Party.
Hong Kong’s rule of law and basic freedoms, at
the heart of the principle of“one country, two systems”, now face grave
threats.
Kirsty Brimelow QC
Patrick Burgess Australia– former head of human rights in the UN in East Timor
and President of Asia Justice and Rights（AJAR）.
Lord Carlile of Berriew CBE QC
Sir Desmond De Silva QC
Lord Falconer of Thoroton QC– former Lord Chancellor and Secretary of State for
Justice
Jared Genser– Freedom Now
Justice Richard Goldstone（South Africa）
Andrew Khoo（Malaysia）
David Matas（Canada）
Michael Mansfield QC
Rajiv Menon QC
Sir Geoffrey Nice QC– former chief prosecutor in the trial of Slobodan
Milosevic
Joshua Wong, Alex Chow and Nathan Law in Hong Kong as a serious threat to the
rule of law and a breach of the principle of“double jeopardy” in Hong Kong– in violation of the International Covenant on
Civil and Political Rights.
These student activists led the Umbrella Movement in Hong
Kong in2014– one of the most peaceful public protests the world
has seen. Joshua Wong, Nathan Law and Alex Chow were already punished by a
court a year ago. Joshua and Nathan respectively served80 and120 hours of
community service, and Alex received a three-week suspended sentence. Yet the Hong Kong government decided to reopen the case and
sought tougher punishments.
The law under which they were charged, the Public Order Ordinance, has been
criticized by the United Nations for“facilitat[ing] excessive restrictions” to
basic rights, and is incompatible with the International Covenant on Civil and
Political Rights（ICCPR）, which applies to Hong Kong. Human rights organisations have long
urged Hong Kong to revise the ordinance to
comply with the ICCPR.
Serious concerns over the independence of the judiciary arise. Court of Final
Appeal judge Kemal Bokhary warned of“storm clouds” over the judiciary five
years ago. Hong Kong’s judges want to protect its independence, but they face
increasing pressure from Beijing.
In2014, China issued a White Paper declaring that Beijing has“comprehensive
jurisdiction over Hong Kong”– instead of“the high degree of autonomy” provided
for in the Sino-British Joint Declaration and the Basic Law, Hong Kong’s
constitution. China also
announced that Hong Kong’s judges are merely“administrators”
who must love the country and be"subject to oversight by the central
government”. The independence of the judiciary, a pillar of Hong
Kong, risks becoming a charade, at the beck and call of the
Chinese Communist Party.
Hong Kong’s rule of law and basic freedoms, at
the heart of the principle of“one country, two systems”, now face grave
threats.
Kirsty Brimelow QC
Patrick Burgess Australia– former head of human rights in the UN in East Timor
and President of Asia Justice and Rights（AJAR）.
Lord Carlile of Berriew CBE QC
Sir Desmond De Silva QC
Lord Falconer of Thoroton QC– former Lord Chancellor and Secretary of State for
Justice
Jared Genser– Freedom Now
Justice Richard Goldstone（South Africa）
Andrew Khoo（Malaysia）
David Matas（Canada）
Michael Mansfield QC
Rajiv Menon QC
Sir Geoffrey Nice QC– former chief prosecutor in the trial of Slobodan
Milosevic
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