十二位國際頂級律師警告香港法治人權備受威脅 Twelve Top International Lawyers Warn of Grave Threats to Rule of Law & Human Rights in HK

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https://www.facebook.com/HKCPForum/posts/1907337109284447

曾焯文報導 (Chapman Chen Reports)
據面書專頁Hong Kong Cultural & Political Forum文政網消息,十二位國際頂級律師十月十六日零晨(英國時間)發表公開信,警告香港法治精神、司法獨立及人權受「嚴重威脅」,封信雖集中黃之鋒、周永康及羅冠聰案,但據知情人士向本報透露,有關原則適用於香港其他政治犯(今朝十點最新消息: 聯署律師已由十一人增至十二人)。文政網全文如下:According to the facebook page of Hong Kong Cultural and Political Forum, 12 top international lawyers in the late hours of October 15, made public a letter jointly signed by them, warning that human rights, judicial independence and the rule of law in Hong Kong are under serious threats. Although the letter focuses on the case of Joshua Wong, Nathan Law, and Alex Chow, its principles also apply to other political prisoners in HK, an informant close to them discloses. (The number of lawyers involved has just increased from 11 to 12).

ELEVEN TOP INTERNATIONAL LAWYERS WARN OF “GRAVE THREATS” TO RULE OF LAW, JUDICIAL INDEPENDENCE AND HUMAN RIGHTS IN HONG KONG 十一位國際頂尖律師警告香港法治精神、司法獨立及人權受「嚴重威脅」(中文翻譯如下。相片附上大律師簡介。)

For Immediate Release Oct 16 Monday. Eleven senior international lawyers from the United Kingdom, the United States of America, Canada, South Africa and Malaysia, including the United Kingdom’s former Lord Chancellor and Secretary of State for Justice Lord Falconer QC, released a letter today expressing their concern that the imprisonment of Joshua Wong, Alex Chow and Nathan Law represents “a serious threat to the rule of law and a breach of the principle of ‘double jeopardy’ in Hong Kong”.

The lawyers criticize the Public Order Ordinance as a violation of the International Covenant on Civil and Political Rights, and warn that China’s 2014 White Paper on Hong Kong threatens the independence of the judiciary which “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, the eleven lawyers warn.

In addition to the former Lord Chancellor and Secretary of State for Justice in the United Kingdom, the letter is also signed by six other Queen’s Counsel (QCs) from the United Kingdom, including the chair of the Bar Human Rights Committee of England and Wales Kirsty Brimelow QC, former chief prosecutor in the trial of Slobodan Milosevic, Sir Geoffrey Nice QC, the former United Nations chief war crimes prosecutor in Sierra Leone, Sir Desmond de Silva QC, the United Kingdom’s former Independent Reviewer of Terrorism Legislation and President of the Howard League for Penal Reform, Lord Carlile of Berriew QC, as well as prominent barristers Michael Mansfield QC and Rajiv Menon QC.

The South African judge and international jurist Justice Richard Goldstone, Canadian lawyer David Matas, Malaysian advocate and solicitor Andrew Khoo, and American lawyer Jared Genser, who has represented several international figures such as Burma’s democracy leader Aung San Suu Kyi when she was under house arrest, China’s Nobel Laureate Liu Xiaobo who died earlier this year and his widow Liu Xia, and former President of the Maldives Mohamed Nasheed, are also signatories to the letter.

The lawyers note that “serious concerns over the independence of the judiciary arise” from recent events in Hong Kong, as warned by Hong Kong’s own Court of Final Appeal Judge Kemal Bokhary five years ago. “Hong Kong’s judges want to protect its independence, but they face increasing pressure from Beijing,” the letter observed.

十一名英國、美國、加拿大、南非及馬來西亞資深國際律師,包括英國前大法官兼司法大臣資深大律師 Lord Falconer 於今日發信就黃之鋒、周永康及羅冠聰被判入獄表達關注,有關判刑代表「法治精神受嚴重威脅及違反香港「雙重定罪」的法律原則。

律師們批評公安條例違反公民及政治權利國際公約及警誡2014年中國白皮書威脅香港司法獨立,恐其成為任由中國共產黨使喚的藉口。十一名律師警誡於「一國兩制」核心的法治精神及基本自由現正受到嚴重威脅。

除英國前大法官兼司法大臣,此信亦由六名英皇御用大律師聯署,包括英國大律師公會人權委員會主席 QC Kirsty Brimelow、於 Slobodan Milosevic 一案的前主控官 Sir Geoffrey Nice QC、於塞拉利昂前聯合國戰爭罪行檢控官 Sir Desmond de Silva QC、前英國獨立反恐法檢討員及 The Howard League for Penal Reform 主席 Lord Carlile of Berriew QC、知名御用大律師 Michael Mansfield QC 及 Rajiv Menon QC。

南非法官及國際法專家 Justice Richard Goldstone、加拿大律師 David Matas、馬來西亞律師 Andrew Khoo 及曾代表多名國際知名人士,包括當時受監控的昂山素姬、已故中國諾貝爾和平獎得主劉曉波及其妻子劉霞的美國律師、 Jared Genser、前馬爾代夫總統 Mohamed Nasheed 均聯署此信。

律師們留意到因近來在香港發生的事情而引起對其司法獨立的嚴重關注。於信中亦指,正如香港前終審法庭法官包致金5年前所言:「香港法官想保衛其司法獨立,但他們面對來自北京的壓力越來越多的。」

公開信全文如下
The full text of the letter is as follows:

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 in 2014 – 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 served 80 and 120 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. In 2014, 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

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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