#Statement #HKBA #OneCountryOneSystem
Hong Kong Bar Association Raises Concerns Over National Security Law In Hong Kong, Which Will Clash Independence of the Judiciary
The Hong Kong Bar Association (the “HKBA”) is an organization regulating barristers in Hong Kong.
On 25 May, 2020, HKBA has issued a statement which raised its concerns over the National Security Law in Hong Kong.
In the statement, HKBA points a number of worrying and problematic features pertaining to the proposed HK National Security Law. Also, HKBA described Independence of the Judiciary as the cornerstone of the success of the HKSAR and addressed that it should not be undermined in any way.
Below are the extracts of HKBA’s statement:
▪️......Under Article 23 of the Basic Law the HKSAR shall enact laws “on its own” to prohibit "any act of treason, secession, sedition, subversion against the Central People's Government, or theft of state secrets, to prohibit foreign political organizations or bodies from conducting political activities in the [HKSAR]," and to prohibit political organizations or bodies of the [HKSAR] from establishing ties with foreign political organizations or bodies". The HK National Security Law as proposed in the Draft Decision would appear to contain matters covered by Article 23 of the Basic Law and it is within the autonomy of the HKSAR to enact the relevant laws. In that regard, under Article 66 of the Basic Law, the Legislative Council (“LegCo”) of the HKSAR “shall be the legislature of the [HKSAR]”; under Article 73(1) of the Basic Law, the LegCo of the HKSAR “shall enact, amend or repeal laws in accordance with the provisions of this Law and legal procedures”. It would therefore appear that the NPCSC has no power to add the HK National Security Law under Annex III ......
▪️......there is no assurance that the HK National Security Law as proposed will, being a national law, comply or be required to comply with provisions of the International Covenant on Civil and Political Rights, which is entrenched in the Basic Law. .......When the HKSAR Government sought to introduce the National Security (Legislative Provisions) Bill 2003 to LegCo to implement Article 23 of the Basic Law in 2003, there were genuine and widespread concerns that the proposed legislation would infringe upon the HKSAR residents' civil and political rights, including freedom of speech and freedom of the press.
▪️......the Central People's Government will set up agencies in the HKSAR to fulfil relevant duties to safeguard national security in accordance with the [HK National Security Law]”. It is entirely unclear how the proposed agencies set up in the HKSAR will operate under the laws of the HKSAR, whether they will be bound by the laws of the HKSAR, whether they have power of enforcement, and whether such powers as exercised will be limited by the laws currently in force in the HKSAR. It is also entirely unclear how this arrangement would comply with Article 22(1) of the Basic Law, which provides that “No department of the Central People's Government ... may interfere in the affairs which the Hong Kong Special Administrative Region administers on its own in accordance with this Law”.
▪️Article 3 of the Draft Decision provides that “the HKSAR's administrative, legislative and judicial organs must, in accordance with relevant laws and regulations, effectively prevent, stop and punish acts endangering national security”. The reference to “judicial organs” gives rise to perceptions that the Judiciary of the HKSAR is being or will be instructed to act in a particular way. Independence of the Judiciary is the cornerstone of the success of the HKSAR and should not be undermined in any way.
Source: Hong Kong Bar Association #May25
Full Version here
Hong Kong Bar Association Raises Concerns Over National Security Law In Hong Kong, Which Will Clash Independence of the Judiciary
The Hong Kong Bar Association (the “HKBA”) is an organization regulating barristers in Hong Kong.
On 25 May, 2020, HKBA has issued a statement which raised its concerns over the National Security Law in Hong Kong.
In the statement, HKBA points a number of worrying and problematic features pertaining to the proposed HK National Security Law. Also, HKBA described Independence of the Judiciary as the cornerstone of the success of the HKSAR and addressed that it should not be undermined in any way.
Below are the extracts of HKBA’s statement:
▪️......Under Article 23 of the Basic Law the HKSAR shall enact laws “on its own” to prohibit "any act of treason, secession, sedition, subversion against the Central People's Government, or theft of state secrets, to prohibit foreign political organizations or bodies from conducting political activities in the [HKSAR]," and to prohibit political organizations or bodies of the [HKSAR] from establishing ties with foreign political organizations or bodies". The HK National Security Law as proposed in the Draft Decision would appear to contain matters covered by Article 23 of the Basic Law and it is within the autonomy of the HKSAR to enact the relevant laws. In that regard, under Article 66 of the Basic Law, the Legislative Council (“LegCo”) of the HKSAR “shall be the legislature of the [HKSAR]”; under Article 73(1) of the Basic Law, the LegCo of the HKSAR “shall enact, amend or repeal laws in accordance with the provisions of this Law and legal procedures”. It would therefore appear that the NPCSC has no power to add the HK National Security Law under Annex III ......
▪️......there is no assurance that the HK National Security Law as proposed will, being a national law, comply or be required to comply with provisions of the International Covenant on Civil and Political Rights, which is entrenched in the Basic Law. .......When the HKSAR Government sought to introduce the National Security (Legislative Provisions) Bill 2003 to LegCo to implement Article 23 of the Basic Law in 2003, there were genuine and widespread concerns that the proposed legislation would infringe upon the HKSAR residents' civil and political rights, including freedom of speech and freedom of the press.
▪️......the Central People's Government will set up agencies in the HKSAR to fulfil relevant duties to safeguard national security in accordance with the [HK National Security Law]”. It is entirely unclear how the proposed agencies set up in the HKSAR will operate under the laws of the HKSAR, whether they will be bound by the laws of the HKSAR, whether they have power of enforcement, and whether such powers as exercised will be limited by the laws currently in force in the HKSAR. It is also entirely unclear how this arrangement would comply with Article 22(1) of the Basic Law, which provides that “No department of the Central People's Government ... may interfere in the affairs which the Hong Kong Special Administrative Region administers on its own in accordance with this Law”.
▪️Article 3 of the Draft Decision provides that “the HKSAR's administrative, legislative and judicial organs must, in accordance with relevant laws and regulations, effectively prevent, stop and punish acts endangering national security”. The reference to “judicial organs” gives rise to perceptions that the Judiciary of the HKSAR is being or will be instructed to act in a particular way. Independence of the Judiciary is the cornerstone of the success of the HKSAR and should not be undermined in any way.
Source: Hong Kong Bar Association #May25
Full Version here
#PoliticalOppression #WhiteTerror
Hong Kong Bar Association Fears: China Might Attack Hong Kong’s Juridical System and Disqualify Judges in the Future
On Nov 23, 2020, the Foreign Minister of the UK, Dominic Raab, released a six monthly report on Hong Kong. He was considering whether to pull out British Judges who serve as the non-permanent judges at the Hong Kong Court of Final Appeal.
Philip Dykes, Chairman of the Council of the Hong Kong Bar Association, said that Beijing has slowly taken control over the official institutions of Hong Kong and their next target is likely the independent judicial system of Hong Kong.
Dykes worried that the Basic Law will be amended to disqualify judges.
Since the implementation of the National Security Law in July 2020, concerns have been raised internationally towards Hong Kong government’s suppression over dissidents.
Apart from 4 lawmakers being disqualified by Beijing, teachers were disqualified by the Education Bureau, and journalists who conducted registry search were arrested.
In the Report, Raab indicated that he is going to review “whether it continues to be appropriate for British judges to sit as non-permanent judges on the Hong Kong Court of Final Appeal”.
In an interview with Financial Times, Chairman of the Council of the Hong Kong Bar Association, Philip Dykes, said, “China has now turned its attention to Hong Kong’s juridical system. They might implement policies to instill judges the idea of patriotism”.
Source: Stand News; Now News #Nov26
=======
Read more:
UK Government's Six-monthly Report on Hong Kong: January to June 2020 https://www.gov.uk/government/publications/six-monthly-report-on-hong-kong-january-to-june-2020
#DominicRaab #PhilipDykes #FailedState #HKBA #JuridicialSystem #CCPControl #Authoritarianism
Hong Kong Bar Association Fears: China Might Attack Hong Kong’s Juridical System and Disqualify Judges in the Future
On Nov 23, 2020, the Foreign Minister of the UK, Dominic Raab, released a six monthly report on Hong Kong. He was considering whether to pull out British Judges who serve as the non-permanent judges at the Hong Kong Court of Final Appeal.
Philip Dykes, Chairman of the Council of the Hong Kong Bar Association, said that Beijing has slowly taken control over the official institutions of Hong Kong and their next target is likely the independent judicial system of Hong Kong.
Dykes worried that the Basic Law will be amended to disqualify judges.
Since the implementation of the National Security Law in July 2020, concerns have been raised internationally towards Hong Kong government’s suppression over dissidents.
Apart from 4 lawmakers being disqualified by Beijing, teachers were disqualified by the Education Bureau, and journalists who conducted registry search were arrested.
In the Report, Raab indicated that he is going to review “whether it continues to be appropriate for British judges to sit as non-permanent judges on the Hong Kong Court of Final Appeal”.
In an interview with Financial Times, Chairman of the Council of the Hong Kong Bar Association, Philip Dykes, said, “China has now turned its attention to Hong Kong’s juridical system. They might implement policies to instill judges the idea of patriotism”.
Source: Stand News; Now News #Nov26
=======
Read more:
UK Government's Six-monthly Report on Hong Kong: January to June 2020 https://www.gov.uk/government/publications/six-monthly-report-on-hong-kong-january-to-june-2020
#DominicRaab #PhilipDykes #FailedState #HKBA #JuridicialSystem #CCPControl #Authoritarianism
#RuleofLaw #HKBA
Chairman of HK Bar Association: Secretary for Justice Needs to Stop Unprincipled Attacks on #JudicialIndependence
Source: Stand News, #Jan11
Read more
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Chairman of HK Bar Association: Secretary for Justice Needs to Stop Unprincipled Attacks on #JudicialIndependence
Source: Stand News, #Jan11
Read more
⬇️⬇️
#RuleofLaw #HKBA
Chairman of HK Bar Association: Secretary for Justice Needs to Stop Unprincipled Attacks on #JudicialIndependence
In his speech marking the opening of the Legal Year on 11 January 2021, Chairman of the Hong Kong Bar Association, #PhilipDykes talked about judicial independence imperative to maintaining the Rule of Law in Hong Kong.
Dykes said his main concern were accusations that judges had acted out of partiality or bad faith “for no reason other than that they happened to decide a case one way rather than the other. Or because the result does not fit a political or moral agenda.”
He opined that these attacks on the judges “are pure poison” and it is the justice secretary’s responsibility to ensure accountability for these acts. He added, “If nothing is done about attacks, they will undermine confidence and respect for the courts and the administration of justice will slowly evaporate.”
Dykes stressed that “Without independent-minded lawyers, you will not have independent-minded judges.” “Independence at the Bar means being bold in defense and, where necessary, bold in aggression. It means barristers will take on unpopular causes and stick doggedly with them and not being swayed by negative opinions about them or their clients.”
He further elaborated that “the Judiciary is, notoriously, weaker than the other branches of Government whose functions, duties and powers are described in Chapter IV Basic Law”.
"The Judiciary commands no army or police force nor can it appeal to a sympathetic political electorate for support. It must demonstrate its worth in the constitutional order by commanding the people's respect through its commitment to the Rule of Law, which means, essentially, administering justice 'without fear or favour, self-interest or deceit."
"When there is a creeping barrage of baseless criticism that supposes that judges are politically biased, incompetent or dishonest, the damage is done not so much to the judges, who have broad backs, but to the Judiciary as an institution."
Dykes wrapped up his address hoping that “common sense prevails and that people see that conscienceless attacks on the Judiciary do no one any good. They eat away at society's respect for the Law, which is necessary for judicial independence.”
He carried on saying, "without judicial independence, a pearl of great price, we might as well pack up our bags and steal away for Hong Kong is nothing without it.”
Source: Stand News, #Jan11
=====
Read Philip Dykes’ full speech
Speech of the Chairman of the Hong Kong Bar Association, Philip Dykes SC, at the Opening of the Legal Year 2021, dated 11 January 2021
https://www.hkba.org/sites/default/files/20210111-Speech%20of%20Bar%20Chairman%20at%20Opening%20of%20Legal%20Year%202021%20%28E%29.pdf
Chairman of HK Bar Association: Secretary for Justice Needs to Stop Unprincipled Attacks on #JudicialIndependence
In his speech marking the opening of the Legal Year on 11 January 2021, Chairman of the Hong Kong Bar Association, #PhilipDykes talked about judicial independence imperative to maintaining the Rule of Law in Hong Kong.
Dykes said his main concern were accusations that judges had acted out of partiality or bad faith “for no reason other than that they happened to decide a case one way rather than the other. Or because the result does not fit a political or moral agenda.”
He opined that these attacks on the judges “are pure poison” and it is the justice secretary’s responsibility to ensure accountability for these acts. He added, “If nothing is done about attacks, they will undermine confidence and respect for the courts and the administration of justice will slowly evaporate.”
Dykes stressed that “Without independent-minded lawyers, you will not have independent-minded judges.” “Independence at the Bar means being bold in defense and, where necessary, bold in aggression. It means barristers will take on unpopular causes and stick doggedly with them and not being swayed by negative opinions about them or their clients.”
He further elaborated that “the Judiciary is, notoriously, weaker than the other branches of Government whose functions, duties and powers are described in Chapter IV Basic Law”.
"The Judiciary commands no army or police force nor can it appeal to a sympathetic political electorate for support. It must demonstrate its worth in the constitutional order by commanding the people's respect through its commitment to the Rule of Law, which means, essentially, administering justice 'without fear or favour, self-interest or deceit."
"When there is a creeping barrage of baseless criticism that supposes that judges are politically biased, incompetent or dishonest, the damage is done not so much to the judges, who have broad backs, but to the Judiciary as an institution."
Dykes wrapped up his address hoping that “common sense prevails and that people see that conscienceless attacks on the Judiciary do no one any good. They eat away at society's respect for the Law, which is necessary for judicial independence.”
He carried on saying, "without judicial independence, a pearl of great price, we might as well pack up our bags and steal away for Hong Kong is nothing without it.”
Source: Stand News, #Jan11
=====
Read Philip Dykes’ full speech
Speech of the Chairman of the Hong Kong Bar Association, Philip Dykes SC, at the Opening of the Legal Year 2021, dated 11 January 2021
https://www.hkba.org/sites/default/files/20210111-Speech%20of%20Bar%20Chairman%20at%20Opening%20of%20Legal%20Year%202021%20%28E%29.pdf
#Justice #HKBarristers
New Chairperson of Hong Kong Bar Association vows to protect the rule of law in Hong Kong
On Jan 21, 2021, Philip Dykes ended his second term as the chairperson of the Hong Kong Bar Association (#HKBA) based on charter rules.
Founder of Hong Kong Human Rights Monitor, senior counsel Paul Harris was elected to be the next chairperson without any opposition.
The two vice-chairpersons were senior counsel Anita Yip, who was re-elected, and Erik Shum, who was a committee member originally.
After being elected, Harris held in his hand a wooden chair figure that represented his status as the new chairperson and spoke with reporters outside of the venue.
Harris said, the Bar Association and the rule of law in Hong Kong are going through a difficult time at the moment. As a senior counsel who is deeply committed to the law, he opposed both violent protests and the government that abuses its power. He promised to enhance the rule of law during his term.
Harris also expressed his concern towards the National Security Law, especially the part which indicated that state power overrides the law.
Moreover, many countries had suspended their extradition agreement with Hong Kong due to concerns over the National Security Law. This means that outlaws such as murderers can easily escape from legal justifications, especially in the future when the pandemic is over and it is easier to travel in and out of Hong Kong.
Harris therefore promised to try his best to negotiate in hopes that the government can amend some parts of the National Security Law to resume extradition agreements. “I don’t know if that would be possible,” said Harris, “but that’s what I’m going to work towards”.
Source: Stand News #Jan21
#PaulHarris #PhilipDykes #HumanRights
New Chairperson of Hong Kong Bar Association vows to protect the rule of law in Hong Kong
On Jan 21, 2021, Philip Dykes ended his second term as the chairperson of the Hong Kong Bar Association (#HKBA) based on charter rules.
Founder of Hong Kong Human Rights Monitor, senior counsel Paul Harris was elected to be the next chairperson without any opposition.
The two vice-chairpersons were senior counsel Anita Yip, who was re-elected, and Erik Shum, who was a committee member originally.
After being elected, Harris held in his hand a wooden chair figure that represented his status as the new chairperson and spoke with reporters outside of the venue.
Harris said, the Bar Association and the rule of law in Hong Kong are going through a difficult time at the moment. As a senior counsel who is deeply committed to the law, he opposed both violent protests and the government that abuses its power. He promised to enhance the rule of law during his term.
Harris also expressed his concern towards the National Security Law, especially the part which indicated that state power overrides the law.
Moreover, many countries had suspended their extradition agreement with Hong Kong due to concerns over the National Security Law. This means that outlaws such as murderers can easily escape from legal justifications, especially in the future when the pandemic is over and it is easier to travel in and out of Hong Kong.
Harris therefore promised to try his best to negotiate in hopes that the government can amend some parts of the National Security Law to resume extradition agreements. “I don’t know if that would be possible,” said Harris, “but that’s what I’m going to work towards”.
Source: Stand News #Jan21
#PaulHarris #PhilipDykes #HumanRights
Hong Kong: alarm over proposed law that could ban anyone from leaving
The Hong Kong Bar Association (HKBA) expressed alarm on Feb 12 in a paper submitted to the city’s legislative council about the proposed law, which could bar any individual, whether resident or not, from boarding a carrier out of the financial hub.
In the submission, HKBA stated there was no rationale for the proposed legislation, no explanation for why such a power is necessary or even intended to be used.
“If a new power to prevent Hong Kong residents and others from leaving the region is to be conferred ... It should be for the courts, not the director, to decide when it is necessary and proportionate to impose a travel ban,” HKBA added.
Source: The Guadrian #Feb13
https://www.theguardian.com/world/2021/feb/13/hong-kong-alarm-over-proposed-law-that-could-ban-anyone-from-leaving
#HongKong #HKBA #NationalSecurityLaw
The Hong Kong Bar Association (HKBA) expressed alarm on Feb 12 in a paper submitted to the city’s legislative council about the proposed law, which could bar any individual, whether resident or not, from boarding a carrier out of the financial hub.
In the submission, HKBA stated there was no rationale for the proposed legislation, no explanation for why such a power is necessary or even intended to be used.
“If a new power to prevent Hong Kong residents and others from leaving the region is to be conferred ... It should be for the courts, not the director, to decide when it is necessary and proportionate to impose a travel ban,” HKBA added.
Source: The Guadrian #Feb13
https://www.theguardian.com/world/2021/feb/13/hong-kong-alarm-over-proposed-law-that-could-ban-anyone-from-leaving
#HongKong #HKBA #NationalSecurityLaw
#PoliceState #HumanitarianCrisis
Hong Kong Bar Association: Immigration amendment bill may affect HKers' Freedom of Movement
The Hong Kong Legislative Council (#LegCo) has been deliberating a proposed amendment bill to the #ImmigrationOrdinance, which would empower the Head of the Immigration Bureau to forbid passengers or crew members from boarding a plane.
The Hong Kong Bar Association (#HKBA) issued a statement on February 16, 2021, pointing out that the proposed amendment might hinder citizens’ rights to leave Hong Kong and contravene the #BasicLaw or the Hong Kong Bill of Rights Ordinance.
The Bar Association pointed out that there was a Court of Final Appeal case which stated that discretion could not be exercised lightly if the legislation involved restrictions on basic human rights.
The Association reiterated that the government should make it clear in the amendment bill so that the Ordinance would not be interpreted too loosely.
Given the general nature of the primary legislation, if the government wanted to reflect the legislative intent, it should clearly stipulate that the Head of the Immigration Bureau could only exercise limited powers in relation to incoming flights.
Source: Stand News, #Feb16
The Statement Issued by Hong Kong Bar Association:
https://www.hkba.org/sites/default/files/20210216%20-%20%20Statement%20on%20SB%27s%20clarifications%20on%20Immigration%20%28Amendment%29%20Bill%20%28Chi%29.pdf
#ImmigrationBureau #Power #HumanRights #FreedomofMovement #AmendmentBill
Hong Kong Bar Association: Immigration amendment bill may affect HKers' Freedom of Movement
The Hong Kong Legislative Council (#LegCo) has been deliberating a proposed amendment bill to the #ImmigrationOrdinance, which would empower the Head of the Immigration Bureau to forbid passengers or crew members from boarding a plane.
The Hong Kong Bar Association (#HKBA) issued a statement on February 16, 2021, pointing out that the proposed amendment might hinder citizens’ rights to leave Hong Kong and contravene the #BasicLaw or the Hong Kong Bill of Rights Ordinance.
The Bar Association pointed out that there was a Court of Final Appeal case which stated that discretion could not be exercised lightly if the legislation involved restrictions on basic human rights.
The Association reiterated that the government should make it clear in the amendment bill so that the Ordinance would not be interpreted too loosely.
Given the general nature of the primary legislation, if the government wanted to reflect the legislative intent, it should clearly stipulate that the Head of the Immigration Bureau could only exercise limited powers in relation to incoming flights.
Source: Stand News, #Feb16
The Statement Issued by Hong Kong Bar Association:
https://www.hkba.org/sites/default/files/20210216%20-%20%20Statement%20on%20SB%27s%20clarifications%20on%20Immigration%20%28Amendment%29%20Bill%20%28Chi%29.pdf
#ImmigrationBureau #Power #HumanRights #FreedomofMovement #AmendmentBill
Paul Harris: Oppression of peaceful protest and a continual increase in agitation between ruling party and public may lead to violence, quoting examples of unjust trials from history of Northern Ireland
Paul Harris, Chairman of the Hong Kong Bar Association (#HKBA) notices both the ruling party and the public in Hong Kong are immersed in strong emotions since 2019. This is worrying.
He quotes Northern Ireland in the 70s as example. Terror attacks by the Provisional Irish Republican Army (#PIRA), public anger and fear occupied the whole country. These pushed both the ruling party and the public to act strongly in a hurry. The ultimate result was a series of unjust, wrong or false charges.
Hong Kong should take this as a lesson.
Read the fully translated article here:
https://telegra.ph/Paul-Harris-Oppression-of-peaceful-protest-and-a-continual-increase-in-agitation-between-ruling-party-and-public-may-lead-to-vio-06-14
Source：Stand News #Apr21
#Interview #PaulHarris #Peaceful #Protest #Violence
Paul Harris, Chairman of the Hong Kong Bar Association (#HKBA) notices both the ruling party and the public in Hong Kong are immersed in strong emotions since 2019. This is worrying.
He quotes Northern Ireland in the 70s as example. Terror attacks by the Provisional Irish Republican Army (#PIRA), public anger and fear occupied the whole country. These pushed both the ruling party and the public to act strongly in a hurry. The ultimate result was a series of unjust, wrong or false charges.
Hong Kong should take this as a lesson.
Read the fully translated article here:
https://telegra.ph/Paul-Harris-Oppression-of-peaceful-protest-and-a-continual-increase-in-agitation-between-ruling-party-and-public-may-lead-to-vio-06-14
Source：Stand News #Apr21
#Interview #PaulHarris #Peaceful #Protest #Violence
Barrister #PaulHarris Leaves Hong Kong After Being Approached by National Security Police
The former chairperson of the Hong Kong Bar Association (#HKBA), Paul Harris, has reportedly left Hong Kong on March 1, 2022, hours after local media said he was summoned to a meeting with the #NationalSecurityPolice.
He confirmed to Reuters that he had left, saying that he returned to see his mother in England.
Harris’ departure comes after his meeting with national security police at the police headquarters in Wan Chai earlier that afternoon.
In the meeting, he was said to be given a warning over an alleged breach of the security legislation connected to a NGO Hong Kong Human Rights Monitor, of which Harris was the founding chairperson.
The rights group has been accused by state-run media of colluding with foreign forces and playing a “major role” in the anti-extradition protests in 2019.
Source: Inmediahk; HKFP #Mar1
https://bit.ly/3McKqxp
#NationalSecurityLaw
The former chairperson of the Hong Kong Bar Association (#HKBA), Paul Harris, has reportedly left Hong Kong on March 1, 2022, hours after local media said he was summoned to a meeting with the #NationalSecurityPolice.
He confirmed to Reuters that he had left, saying that he returned to see his mother in England.
Harris’ departure comes after his meeting with national security police at the police headquarters in Wan Chai earlier that afternoon.
In the meeting, he was said to be given a warning over an alleged breach of the security legislation connected to a NGO Hong Kong Human Rights Monitor, of which Harris was the founding chairperson.
The rights group has been accused by state-run media of colluding with foreign forces and playing a “major role” in the anti-extradition protests in 2019.
Source: Inmediahk; HKFP #Mar1
https://bit.ly/3McKqxp
#NationalSecurityLaw