News | Law and Order
4 Dec 2024 21:34
NZCity News
NZCity CalculatorReturn to NZCity

  • Start Page
  • Personalise
  • Sport
  • Weather
  • Finance
  • Shopping
  • Jobs
  • Horoscopes
  • Lotto Results
  • Photo Gallery
  • Site Gallery
  • TVNow
  • Dating
  • SearchNZ
  • NZSearch
  • Crime.co.nz
  • RugbyLeague
  • Make Home
  • About NZCity
  • Contact NZCity
  • Your Privacy
  • Advertising
  • Login
  • Join for Free

  •   Home > News > Law and Order

    Two trials in Hong Kong courts unveil cost of speaking out against Beijing

    In a matter of days, two long-running Hong Kong court cases highlight just how much the semi-autonomous city is shrinking under Beijing's gaze.


    In a matter of days, two long-running Hong Kong court cases highlighted just how much the semi-autonomous city is shrinking under Beijing's gaze.

    The four-year-long saga of the so-called Hong Kong 47 was finally brought to a close, with pro-democracy campaigners, ex-lawmakers and academics sentenced to up to 10 years in prison for participating in an unofficial vote.

    Then, the trial of one of the city's most outspoken businessmen, Jimmy Lai, resumed after a months-long delay, as he finally had his chance to defend himself.

    On November 19, as a typhoon threatened the city, hundreds of Hong Kongers lined up to see the final blows of a saga that began with an unofficial primary election in 2020.

    Some lined up in the early hours, others had camped overnight, and a small group had even been outside the court since the weekend.

    "Hong Kong's freedom is getting smaller and smaller," said Tsang Kin-shing, an activist and former politician also known as The Bull.

    "I want everyone to know Hong Kong people won't give up … being here today is so important," Au Yeung said, another member of the public who'd braved the weather to witness the historic sentencing.

    How we got here 

    In the wake of the crackdown following the 2019 protests, candidates from across the pro-democratic spectrum took part in a primary vote, designed to choose the candidates who had the best chance of being elected in legislative council elections due to happen in 2020.

    More than 600,000 Hong Kongers voted in that primary, a remarkable turnout for a city of 7.5 million.

    The level of participation clearly scared authorities and this week we saw the ultimate outcome of their reaction.

    The so-called "mastermind" Benny Tai was given 10 years in prison.

    As a legal scholar, he had authored an editorial in the now-shuttered Apple Daily newspaper titled "Ten steps to real mutual destruction — the inevitable fate of Hong Kong," describing how a democratic majority could veto budgets and force a government shutdown.

    It became a key document during the court case.

    While holding a primary vote is fairly routine in other democracies, the national security judges found the group had sought to undermine and paralyse the government.

    "The power and authority of both the government and the chief executive would be greatly undermined," the three government-endorsed judges said in their verdict.

    "In our view … that would create a constitutional crisis for Hong Kong."

    Of the 47 people arrested, 31 had pleaded guilty in the hope of a shorter sentence.

    The other 16 fought the charges.

    Only two were acquitted, among them, social worker Lee Yue-shun, who attended court to see the fate that he'd so narrowly missed out on.

    Normally fashion-forward and charismatic, on November 19, he politely declined talking to the media, avoiding drawing attention to himself.

    "I think [the acquittal] gave me more responsibility — how can I make better use of the freedom I have not lost," Mr Lee told Agence France-Presse ahead of the sentencing.

    The shortest sentence any of the 45 received was four years.

    Student leader and activist Joshua Wong was jailed for four years and eight months.

    He shouted "I love Hong Kong, bye bye!" before leaving the courtroom, according to AP.

    Australian citizen Gordon Ng was given seven years and three months.

    As supporters filed out of the court there was anger and tears.

    "I want to emphasise one thing very clear, it is an unfair trial and an unreasonable trial, so even one day [in prison] they don't deserve," said Chan Po-ying, whose husband Leung Kwok-hung, known locally as Long Hair, was sentenced to six years and nine months.

    While the show of support for the Hong Kong 47 was remarkable, others we met in in the city expressed their fears talking about even fairly pedestrian issues, worrying how straying into anything remotely political might be a risk to their safety.

    Jimmy Lai could end up being diplomatic headache for Beijing

    A day after the Hong Kong 47 were sentenced came what was arguably the most anticipated national security trial.

    Jimmy Lai, a 77-year-old businessman, first made his name by founding the clothing business Giordano. 

    He moved into media after seeing the People's Liberation Army brutalise Chinese citizens on June 4, 1989 — killing hundreds, possibly thousands after a student protest had occupied Tiananmen Square in central Beijing for six weeks.

    Mr Lai described running his media outlets as "delivering freedom". 

    "I started a media business because after June 4, I thought it was a good opportunity for someone like me, a businessman who has made some money to participate in delivering information — which I think is freedom," he said.

    "The more information you have, the more you are in the know, the more you are free."

    Mr Lai said Apple Daily had core Hong Kong values of "rule of law, freedom, pursuit of democracy, freedom of speech, freedom of religion, freedom of assembly". 

    "[Jimmy Lai] represents our voice," said local William Wong, who was lining up on November 21 to show his support for Mr Lai in court.

    "Now, Hong Kong people can't say any more, so I want people overseas [and] in Australia to pay attention for Hong Kong people."

    As Mr Lai sat waiting to start his evidence he waved and smiled at loved ones and supporters, putting his hands in a gesture of thanks over and over to acknowledge those in the public gallery.

    The prosecution of Mr Lai and the Hong Kong 47 has been condemned by governments and human rights groups around the world.

    As a British citizen, the UK government has been advocating for his release, with Prime Minister Keir Starmer raising it directly with Chinese President Xi Jinping when they met earlier this week.

    As Sir Keir raised his concerns over reports of Mr Lai's deteriorating health in prison during the meeting on the sidelines of the G20 in Brazil, Chinese officials bundled the gathered press out of the room.

    Then there's US president-elect Donald Trump.

    Only days before the US election, Mr Trump told conservative broadcaster Hugh Hewitt he too would raise the case with President Xi.

    "One hundred per cent, I'll get him out. He'll be easy to get out," he said.

    It is hard to imagine an American president securing the release of another country's citizen — let alone one who Hong Kong authorities don't recognise as a British national.

    But all Mr Trump's political appointments so far indicate an incoming administration that will be extremely hawkish on China.

    And as Xi Jinping braces for US tariffs on all exports to America at a time the Chinese economy is stagnating, a disagreement over an elderly diabetic prisoner, known around the world as a fighter for freedom of speech, might be one headache he doesn't need.

    "I hope Trump and the international community can free Jimmy Lai … because all we can do here in Hong Kong is very little," said one man who had lined up outside for hours to see Mr Lai's evidence in court.

    Lai 'hoped' Trump might put a stop to national security law

    The prosecution is arguing that Mr Lai was trying to encourage foreign governments, particularly the United States, to sanction Hong Kong through articles in the Apple Daily.

    A graphic had been prepared for the court of all Mr Lai's foreign friends and connections.

    It featured the last British governor of Hong Kong Chris Patten, founder of the Inter-Parliamentary Alliance on China Luke de Pulford, member of the House of Lords David Alton, and Taiwan's President Tsai Ing-wen.

    But the most stand-out inclusion by a long way was Donald Trump himself.

    Mr Lai said he never met or even communicated indirectly with Mr Trump, but had met with then-vice-president Mike Pence and secretary of state Mike Pompeo. 

    "I would not dare to ask the US to do anything. I just related to [Mr Pence] what happened in Hong Kong," he said.

    "And asked [Mr Pence and Mr Pompeo] to say something to voice their support for Hong Kong."

    But he did say he "hoped" Mr Trump might have the power to stop the imposition of the National Security Law (NSL).

    Beijing surpassed the Hong Kong legislature in 2020 to impose the broad law on the city, which targets secession, subversion, terrorism and collusion with foreign and external forces.

    He said he had told an executive it wasn't a good idea for the Apple Daily to take an anti-Trump stance, as they typically followed the same editorial direction as CNN and the New York Times on US politics.

    "[In June 2020,] the time had become critical that we want president Trump to help us stop the NSL," Mr Lai told the court.

    "If [the NSL] was implemented, that would be the end of Hong Kong's freedom of speech … that's my feeling … under the NSL there's no way for us to practice journalism.

    "The subsequent events have proved us right."

    Beijing has already made up its mind about Lai

    One of the key things Hong Kong authorities want to prove is that the One Country Two Systems is still working — a feature of which is the city's common law legal system.

    Both the Hong Kong 47 and Jimmy Lai cases have been tried without a jury, with the outcome in the hands of three National Security judges who are hand picked by the city's chief executive.

    In response to complaints by Mr Lai's son Sebastien and international lawyers advocating for his release, Hong Kong authorities sighted the city's "rule of law". 

    "The Basic Law [Hong Kong's mini constitution] specifically provides that the HKSAR (Hong Kong Special Administrative Region) enjoys independent judicial power, including that of final adjudication, and the courts of the HKSAR shall exercise judicial power independently, free from any interference," a spokesman for the Hong Kong government said in a statement.

    "The Hong Kong National Security Law further affirms adherence to the principle of the rule of law in preventing, suppressing and imposing punishment for offences endangering national security, and provides for the presumption of innocence … and protection of the right to defend oneself."

    As the statement mentions, one of the key tenets of a rule of law system is a presumption of innocence.

    But in Beijing, it's clear Mr Lai hasn't been granted that presumption.

    On November 20, spokesperson for the Chinese Communist Party government's Foreign Ministry Lin Jian didn't mince his words about Mr Lai.

    "Jimmy Lai is the principal mastermind and perpetrator behind the series of riots that shook Hong Kong," he said.

    "He is an agent and henchman of those hostile to China."

    Sebastien Lai and other critics have called this a show trial, and those comments suggest that, at least from the Communist Party's perspective, the outcome has already been decided.

    © 2024 ABC Australian Broadcasting Corporation. All rights reserved

     Other Law and Order News
     04 Dec: Police are going door-to-door in Tokoroa looking for information on the mysterious death of Shane Edwards
     04 Dec: More than 500 days after Christchurch Real Estate Agent Yanfei Bao went missing, a man has been found guilty of her murder
     04 Dec: A former Auckland contract manager is facing almost four-and-a-half-years behind bars - having pleaded guilty to fraud and corruption
     04 Dec: A man's been charged with murder - over the October death of 56 year old Robert Nattie Albert - at Lake Horowhenua
     04 Dec: A woman has been charged, after a baby's unexplained death in North Canterbury - in August
     04 Dec: Belief the threshold for All Black Sevu Reece's discharge without conviction, would've been high
     04 Dec: Investigations are continuing in the US state of Georgia, after Kiwi woman Rachel Wagner was allegedly shot dead by her 14-year-old daughter
     Top Stories

    RUGBY RUGBY
    All Blacks second five Jordie Barrett is ready for more rugby to close out 2024 as he embarks on a temporary chapter abroad More...


    BUSINESS BUSINESS
    Trademarks that will never be used can be ‘bad faith’ business – a UK case has lessons for NZ and Australia More...



     Today's News

    Law and Order:
    Police are going door-to-door in Tokoroa looking for information on the mysterious death of Shane Edwards 21:17

    Entertainment:
    Selena Gomez doesn't "need anyone's approval" 21:14

    Entertainment:
    Kerry Katona was left terrified when masked thugs raided her property while she was at home 20:44

    Entertainment:
    Meghan, Duchess of Sussex is reportedly preparing to launch her lifestyle brand and her new Netflix show in the New Year 20:14

    Entertainment:
    Blur's Alex James almost went bankrupt when work dried up during the COVID-19 lockdowns 19:44

    Entertainment:
    Lala Kent doesn't intend to "reach out" to her 'Vanderpump Rules' co-stars after she was axed from the show 19:14

    International:
    South Korean President Yoon Suk Yeol could be facing impeachment after martial law declaration — here's what that process looks like 19:07

    Politics:
    More than 112-thousand people are homeless in New Zealand 18:57

    Entertainment:
    John Legend feels "so lucky" to be married to Chrissy Teigen 18:44

    Law and Order:
    More than 500 days after Christchurch Real Estate Agent Yanfei Bao went missing, a man has been found guilty of her murder 18:37


     News Search






    Power Search


    © 2024 New Zealand City Ltd