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Hong Kong’s top court unanimously rejected a bid by media tycoon Jimmy Lai and six other pro-democracy figures, including Martin Lee, Margaret Ng, Albert Ho, Lee Cheuk-yan, Leung Kwok-hung, and Cyd Ho to overturn convictions for participating in an unauthorised assembly during pro-democracy protests in August 2019.
Lai, a citizen of the UK, has been held in solitary confinement in Hong Kong for more than three years. British judge Lord David Neuberger was among those who voted this week to uphold Lai’s conviction. Earlier this year the Committee for Freedom in Hong Kong (CFHK) Foundation released a report on Lord Neuberger and other foreign judges serving in Hong Kong’s judiciary, and demanded they step down.
The issue of foreign judges sitting in Hong Kong courts took centre stage this week. In a first-page story for The Independent titled "Shame of British Judge Keeping Free Speech Hero in Jail," Alexander Butler reports on widespread condemnation of Lord Neuberger for upholding the democracy protesters’ conviction. In a separate article The Independent quoted Mark Sabah, Director of the CFHK Foundation, stating, "It is the height of hypocrisy that Lord Neuberger continues to hold that position. It is shocking. He should resign his position with Prisoners Abroad." Prisoners Abroad, a UK charity, says its mission is to protect the health, welfare, and human rights of British citizens detained abroad.
The Spectator, The Guardian, and The Times also reported on Lord Neuberger upholding the pro-democracy advocates’ convictions, and quoted the CFHK Foundation. Former Hong Kong governor Lord Patten told The Independent that it was “obvious” the case Lord Neuberger upheld was an “act of vengeance” by the city-state’s government. In a statement to The Guardian, he added, "He was also always keen that judges should be clear in explaining their reasoning. In this case, perhaps some of his views on the law changed between the first-class waiting room at Heathrow and the arrival terminal at Hong Kong International Airport."
In response, the Hong Kong authorities issued a press release condemning Lord Chris Patten’s “improper words and deeds” in criticising Lord Neuberger.
Lady Helena Kennedy, Director of the International Bar Association’s Human Rights Institute, the secretariat of the Media Freedom Coalition of which Lord Neuberger is the Chair of the High Level Panel of Legal Experts on Media Freedom, issued a statement saying: “that the law in Hong Kong is being weaponised and used against the pro-Democracy movement. I do not think UK judges should sit on the court, and nor should UK lawyers participate in prosecuting cases, and I have made that view very clear.”
In an unexpected twist, Lord Neuberger on Thursday published a statement in which he announced his resignation as the Chair of the High Level Panel of Legal Experts on Media Freedom. In the letter, Lord Neuberger said: “I have now concluded that I should go now, because it is undesirable that focus on my position as a non-permanent Judge in Hong Kong should take away, or distract, from the critical and impactful work of the High-Level Panel.” It appears that Lord Neuberger has chosen to remain on the Hong Kong court prosecuting British citizen Jimmy Lai and is willing to lose his position as a leading figure on media freedom.
The CFHK Foundation published an immediate response to his resignation. “It is absolutely astonishing that Lord Neuberger has chosen to remain on the Hong Kong Courts overseeing an appeal of British citizen, Jimmy Lai, and other pro-democracy activists, rather than step down from a discredited legal system in Hong Kong.”
Jimmy Lai’s Trial Update
Apple Daily founder Jimmy Lai's trial is expected to resume on November 20th for further proceedings, including his testimony.
Jimmy Lai has been imprisoned for over 1,300 days on national security law charges without a verdict. The trial did not even begin until he had been held for two years and has been characterised by its sluggish pace. Proceedings were expected to be completed this past spring; instead, the defence has not even started to present its evidence. The CFHK Foundation condemns this delay, which clearly illustrates the erosion of the rule of law in Hong Kong.
Detailed trial updates available here: Support Jimmy Lai
A record 3,700 people—38.6% of all prisoners—are currently remanded in Hong Kong jail, denied release on bail despite being legally presumed innocent. This denial of bail violates the Basic Law, the mini-constitution that governs Hong Kong. The CFHK Foundation strongly urges the Hong Kong government to respect the principle of “innocent until proven guilty” if it is to maintain any claim of upholding the rule of law.
Hong Kong
Detained activist Owen Chow was sentenced to three days in prison for removing a complaint form about corrections officers from prison without authorisation. Chow had intended to file a complaint about corrections officers who had allegedly intercepted two books sent to him. His lawyer, who intended to carry the complaint letter out of prison, was fined for her role. It’s now officially a crime to complain in Hong Kong.
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