Rule of Law in China = Battered Lawyers

Rule of Law in trash 

'Arrogantly make a fool of yourself because others are but mere humans and you the Barrister, is the enlightened Supreme Being' said my mentor.

This is certainly true where the rule of law reigns. Where her sovereignty ceases, lawyers become battered hopeless creature (if not be too exaggerating to borrow from Hobbes - living in solitary, poor, nasty, brutish, and short life).

This Tuesday, a criminal defense team of four lawyers in Guangxi has been arrested for suborning perjury (i.e. inciting clients or witnesses to commit perjury.) Briefly, they spotted holes and inconsistencies in the prosecution's accrued evidence against four defendants involving death case.

It is suspected the local government in Beihai, eager to keep the record - breaking report card in resolving homicide cases, attempted to silence them through these arrests. (The full news can be read here - Chinese version or here - the English version)

This amounts to a public showcase to how China see the law - as a maid to the executive expediency when a shining report - card can trash over innocence of four men, plus another four lawyers. When law serves as the executive's extended arm, no one's rights are guaranteed, not even the lawyers, let alone the people.

What is ironical is when Premier Wen said in last month at Da Lian that the party must separate from politics and law to prevent absolute corruption flowing from the absolute power. What the Beihai government now has done seem to slap right on Premier Wen's face.

Last month, a draft of amendment to Criminal Procedure Law has proposed to add 99 more articles (from 225 to 285), relating to rule of evidence, coercive measures, criminal defense and representation, investigative measures, trial procedures, enforcement and special proceeding. What the Beihai government now has done has shredded those papers into trash.

Rule of law is not empty words, along with a speech from this or that official (not even Premier Wen's speech can be counted on). Rule of law at least mean an independent judiciary and a group of lawyers who don't need to be afraid of get beaten this day, and arrested the next.

Even if the words on paper prima facie ensure protection for victims, like the additional grand proposed 99 articles, how do we know they are followed? The police can still happily stand a strong light against the 'witness' for hours until coercing a 'desired' statement, without letting anyone know.

We can't hold any complacency here in Hong Kong. Do not forget our small island constitute an 'unalienable part' of this imperial empire. Following the precedence from Ng Ka Ling, NPCSC's arm has again successfully encroached Hong Kong's rule of law in the Congo case. Space here does not allow a full explanation but in essence, NPCSC rules Hong Kong will be governed by absolute immunity, in contrast to restrictive immunity practiced by the common law world, marking another blow to Hong Kong's autonomy under One Country Two Systems.

I have recently finished reading a book on 1911 Revolution and realize revolution is not just about Sun Yat-sun but the people. It is the people who made history. Now, we, and the four arrested lawyers are part of the history in retaining the rule of law. 

Keep our knee straight. Do not Kowtow to China.

The banner reads: 'Maintain One Country Two Systems. Promote Hong Kong's Long - Term Prosperity and Stability' 

- What a joke. 

Since this month or last, radio and TV talk a lot about the 1911 Revolution. As a person living in Canada for almost ten years and never having a chance to study Chinese or Hong Kong history, I never realized that Hong Kong has had such an intimate relationship with the efforts of Mr. Sun Yat - sen and his colleagues in organizing this historical momentous revolution. 

Hong Kong was, of course, unique to offer such a chance where Sun Yat - sen and other revolutionaries could arrange meetings in a relatively safe environment, distribute pamphlet on ending slavery under imperialism, publish newspapers about democracy and liberalism. This has all been possible only because the Qing dynasty ceded Hong Kong to the United Kingdom in 1842 (Hong Kong island), 1860 (Kowloon) and 1898 (New Territories). With Hong Kong at his base, Sun Yat - sun ended the 2000 years of kowtow. 

During my job - shadowing with Mr. Alan Leong, senior counsel barrister - at - law and leader of the Civic Party, has told me 'Hong Kong since the time of Sun Yat - sun has been a breeding place for liberating political ideas and a place where people can enjoy liberty and rule of law. 

Rule of law is a hallmark of Hong Kong. How long and how much we can maintain this precious rule of law depend on how much autonomy we can still enjoy under 'One Country Two Systems' (OCTS) - 100 years after Sun Yat - sen planned the revolution and overthrew the Qing dynasty in 1911. 

Jiang Zemin promised the Mainland Communist China and Hong Kong will be like river water and well water that won't 'mix with each other'. The 14 years of OCTS have shown that the two waters are, in fact, quite well - mixed. 

In the legal field, the NPCSC's interpretation in 1999 about Ng Ka Ling showed CFA was incompetent to interpret the Basic Law. Professor Albert Chen, law professor in the Hong Kong University, explained this was the power vested in the Basic Law and that NPCSC has the full jurisdiction to do the interpretation. Despite how the Basic Law should have been drafted in the first place, Chen's explanation overlooks the full political impact it entails. 

The interpretation by NPCSC implies the hollowness in the notion - 'Hong Kong people rule Hong Kong people'. It shows, in the eyes of NPCSC and China, how incompetent Hong Kong people are in handling our autonomous affairs. Ronny Tong, barrister - at - law and also member of Civic Party, commented Ng Ka Ling and Chong Fung Yuen hampered the democratic development, since we, Hong Kong people, can't rule ourselves.  

In the social and economic fields, China's rise in the recent decades open new enterprising opportunities for Hong Kong to ripe. The Chinese scheme to let more mainland tourists coming to Hong Kong and the CEPA scheme after 2003 should have been optimistic signs but my feeling grows somewhat easy after reading Identity, Sovereignty, and Economic Penetration: Beijing's Responses to Offshore Chinese Democracies by Guoguang Wu. He said in that article Beijing used economic penetration, such as effort to integrate Hong Kong into the Pearl River Delta, to curb the demands for democracy with businesses and monies.   

Our rule of law has come to another critical moment. Vallejos Evangeline Banao has won a temporary victory in Vallejos Evangeline Banao v. Commissioner of Registration and Another but she has a long way to go. What I can't bear the most is the demonstration by the DAB yesterday. Beside demanding the HKSAR government for a quick appeal to CA, they even demanded HKSAR government to ask NPCSC for interpretation in case the government fails in CFA. 


Where is the rule of law? Do you throw it away so easily when it is the value upholding Hong Kong? Do you let our autonomy reduce to ash?


I left those question for them to answer, while I thought demanding the government to ask NPCSC for interpretation is equivalent to selling out our rule of law and our authority. 


At the end of the day, it is us, Hong Kong people, to defend our own core values. My heart sinks further when my Vice - Chancellor and President of HKU, Tsui Lap - see, said 'The Hong Kong University has ceased to be a university of Hong Kong but has become a university of Hong Kong in Chinese soil', at the exact place where Sun Yat - sen 100 years ago was learning and organizing his revolution against the imperial China. 


In 1911, Mr. Sun Yat - sun ended 2000 years of kowtow under the imperial dynasty. Now 2011, keep our knee straight. Do not kowtow to China. Hold the rule of law in our hearts and defend it at every moment.