Source:
https://scmp.com/news/hong-kong/politics/article/3007780/united-states-disappointed-convictions-hong-kongs-occupy
Hong Kong/ Politics

United States ‘disappointed’ by convictions of Hong Kong’s Occupy democracy protest leaders, warns against erosion of city’s governing formula

  • State Department also ‘closely monitoring’ a proposed amendment to the city’s fugitive law
  • Nine leaders of the 2014 demonstrations were convicted of a string of public nuisance charges earlier this month
Law professor Benny Tai is taken to prison on Wednesday. Photo: Robert Ng

The US State Department has for the first time directly criticised a Hong Kong court ruling on the 2014 Occupy protests, expressing its disappointment over the convictions of nine leaders of the civil disobedience movement and warning that “continued erosion” of the one country, two systems governing formula would risk the city’s special international status.

The State Department also said it was closely monitoring a proposed amendment to the city’s fugitive law that would allow for the extradition of suspects to both mainland China and Taiwan on a case-by-case basis.

“The United States is disappointed by the decision of the Hong Kong government to prosecute and convict several Hong Kong residents for organising peaceful protests,” spokeswoman Morgan Ortagus said in a statement released on Friday morning Hong Kong time.

“Continued erosion of the ‘one country, two systems’ framework puts at risk Hong Kong’s long-established special status in international affairs.”

Four Occupy leaders were jailed for up to 16 months on Wednesday, while three were given suspended sentences, ending years of prosecutions against participants in the 79-day democracy protests, which paralysed the heart of the city.

US State Department spokeswoman Morgan Ortagus said the US was disappointed by the convictions. Photo: AFP
US State Department spokeswoman Morgan Ortagus said the US was disappointed by the convictions. Photo: AFP

Two founders of the so-called “umbrella movement”, law professor Benny Tai Yiu-ting, 54, and retired sociologist Chan Kin-man, 60, were both jailed for 16 months. A third founder, Reverend Chu Yiu-ming, 75, had his 16-month sentence suspended for two years because of poor health and his years of contribution to society.

Lawmaker Shiu Ka-chun, 49, and League of Social Democrats vice-chairman Raphael Wong Ho-ming, 30, received eight months each.

Their sentencing – closely watched in Hong Kong and abroad – came after the protest leaders were convicted of a string of public nuisance charges earlier this month following an 18-day trial.

British Foreign Secretary Jeremy Hunt said on Twitter on Thursday the sentences were “deeply disappointing”.

Four of the Occupy leaders are driven away in a prison van on Wednesday. Photo: AP
Four of the Occupy leaders are driven away in a prison van on Wednesday. Photo: AP

The US said it was “important for Hong Kong to respect its residents’ rights to freedom of speech and peaceful assembly, as enshrined in the Basic Law”, referring to the city’s mini-constitution.

The city has been granted a high degree of autonomy from the rest of China under the one country, two systems framework in place since 1997.

The US statement added: “We expect courts and judges to exercise independence and fairness, in accordance with Hong Kong’s long-standing traditions.”

The state department in March released a paper saying Hong Kong’s level of autonomy had diminished in the past year. The 2019 Hong Kong Policy Act Report said the city still exhibited sufficient autonomy from Beijing to warrant the continuation of its special trading status with the US, but “the tempo of central government intervention in Hong Kong affairs” had increased.

The US said “the tempo of central government intervention in Hong Kong affairs” had increased. Photo: AP
The US said “the tempo of central government intervention in Hong Kong affairs” had increased. Photo: AP

Beijing responded by calling the report “groundless criticism” and told the US to “cease its incorrect approach and exercise prudence when discussing matters relating to Hong Kong”.

The paper also cited media reports alleging some Hong Kong judges may be factoring in mainland interests in their deliberations. However, it found local law societies and the Bar Association had expressed a high degree of confidence in the city’s judicial independence.

Tian Feilong, a law professor and specialist on Hong Kong affairs at Beihang University in Beijing said: “The statement is more of a routine move from the US government. US concerns on Hong Kong will remain ... but it’s not likely to affect Hong Kong’s status as a separate customs area.

“The trade talks are the most important thing in US-China ties, and it’s not likely to be affected by the US’s stance on Taiwan and Hong Kong. Once a deal is signed, I believe Washington will pay less attention to Taiwan and Hong Kong issues.”

Kurt Tong, the US consul general in Hong Kong, reiterated concern on Thursday over the prosecution of pro-democracy leaders and the extradition proposal during a meeting with former Democratic Party chairwoman Emily Lau Wai-hing.