Detained Hongkongers: Beijing must show its legal system can be trusted

Beijing’s handling of the 12 detainees so far is exactly why there was such fierce opposition to Hong Kong’s now-dead extradition bill
Giving those held a fair, transparent trial would help restore Hong Kong’s battered reputation and build trust in the mainland’s legal system

Michael Chugani

Published: 4:15am, 17 Sep 2020

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It was painful to watch TV images of sobbing parents pleading for government help for 12 young Hongkongers arrested at sea by mainland authorities while fleeing to Taiwan. What can be more distressful for parents than not knowing if their children are safe or feeling totally helpless while their offspring face an uncertain fate?

If the parents were hoping for compassion from our leader, Chief Executive Carrie Lam Cheng Yuet-ngor, they didn’t get it. She icily told a media briefing two days ago that the 12 were fugitives who must face mainland justice. She used equally stone-cold words last week when she refused to comment on police officers tackling a 12-year-old, unarmed girl to the ground.

I agree that the 12, who are wanted for alleged offences in Hong Kong, should bear the consequences of illegally – actually inadvertently – entering mainland waters even though mainland China’s opaque judicial system is totally alien to Hongkongers. There’s nothing we can do about that.

Beijing’s handling of the 12 so far is exactly why there was such fierce opposition to Lam’s now-dead extradition bill. Hongkongers feared that those extradited would be at the mercy of mainland China’s secretive legal system. They are now seeing that first-hand.

Even mainland lawyers appointed by some parents of the detained were barred from seeing them. Instead, the central government said it had appointed lawyers for the 12. Were the detained even told they could choose between the court-appointed lawyers and those hired by their parents?

00:43

Hongkongers arrested at sea should ‘be dealt with’ according to mainland law, says Carrie Lam

Foreign Ministry spokeswoman Hua Chunying responded to a US State Department tweet about worsening human rights here by telling the United States to check its facts, labelling the 12 as separatists. Who can blame the parents for dreading the mainland’s courts when those accused of illegal entry are also labelled separatists without a trial?

I urge Hua to fact-check her own claim. If the 12 are separatists, show us the facts. Only one is accused of violating the national security law. She needs to provide details if she meant the 12 had committed, or intended to commit, separatist crimes on the mainland.

Lam refused to comment on Hua’s accusation, saying there’s no value in speaking about the comments of others unless it was an important matter that needed refuting. So now we know. She sees no need to refute Hua’s unproven claim that the 12 Hongkongers are separatists. My heart goes out to the 12 and their parents.

Lam insisted it is not a double standard for her and security secretary John Lee Ka-chiu to insist Hong Kong must respect the mainland’s legal system yet demand that Taiwan return five wanted Hongkongers who fled there. Get used to such doublespeak. Our officials are becoming very adept at it.

03:01

Shenzhen police confirm 12 Hongkongers under criminal detention, Beijing labels them separatists

How can it not be a double standard to say Hong Kong must respect the mainland’s legal system yet meddle with Taiwan’s by demanding the return of the five escapees? If mainland China has the right to use its legal system to deal with the 12, Taiwan has the same right to use its legal system to deal with the five.

If mainland China’s legal system imposes a heavy sentence on the 12 for illegal entry or even separatism, there’s not much we can do except feel sorry for the parents and hope that our leader will plead for leniency on their behalf. The same principle of respect should apply if Taiwan’s legal system allows the five to remain, like it has with many other Hongkongers.

Hong Kong leader demands international respect for national security law

Lam should mean what she says about respecting the legal systems of others. However, she summoned Germany’s acting consul general on May 24 last year for a dressing down after Germany used its legal system to grant asylum to two wanted Hongkongers. In doublespeak, double standards can have double meanings.

New People’s Party chairwoman Regina Ip Lau Suk-yee told me in an interview that it would take a long time to repair Hong Kong’s tarnished international image, if that’s even possible. I urge Beijing to make a start by giving the 12 a fair and transparent trial. It could even help improve the image of mainland China’s court system.

Michael Chugani is a Hong Kong journalist and TV show host

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