Fifth anniversary of 709 Crackdown puts Hong Kong national security law in the spotlight, Chinese and Hong Kong lawyers concerned about future "Hong Kong version 709"

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(8 Jul) The fifth anniversary of the "709 Crackdown" in mainland China is approaching. Currently in political asylum in the US, Chinese human rights lawyer, Chen Jiangang, had handled the cases of Xie Yang, Li Heping, Wang Quanzhang and Jiang Tianyong in the 709 incident. Chen was prohibited from leaving China until last year when he was threatened for handling the case of Zhou Yongkang's daughter-in-law, Fiona Huang. He and his family fled to the US that same year in July. Chen pointed out that the Hong Kong national security law should not be viewed from a legal perspective as it is intrinsically not a law. Rather, it represents that "the Chinese Communist Party (CCP) can openly push their authority on Hong Kong. This is in their nature."Cheung Yiu-leung, the vice-chairman of the China Human Rights Lawyers Concern Group (CHRLCG) and a barrister in Hong Kong, stated that the implementation of the Hong Kong national security law was like "sticking a knife" into more than 100 years of Common Law practice and changing it beyond recognition.He described the Office for Safeguarding National Security as "an inflating monster" that will "slowly declare its power". He beseeched Hong Kong lawyers not to submit to fear. However, Albert Ho Chun-yan indicated that self-censorship is already occurring in Hong Kong. He is concerned that a "'Hong Kong version' of 709 Crackdown may follow."

Speaking of rule by law in mainland China, Liu Sida, an associate professor at the University of Toronto Faculty of Law, stated that 709 Crackdown was not the first nor the last time, "The Crackdown illustrates that the collective actions of Chinese lawyers have already threatened the CCP's rule." Chen also mentioned that under President Xi Jinping, the Administrative Procedure Law and the State Compensation Law were left stranded. It became more difficult for citizens to apply for "public suits against officials"[administrative litigation] and petitioning. During the pandemic, the CCP tightly monitored the family members of those deceased from the virus, "If five or more family members of the deceased interacted with each other, they had to be caught." Chen continued, the deprivation of the right to legal defence has spread to almost every type of criminal case. "Lawyers sent by the government" would revise the laws and each detention centre had these lawyers on staff. "I have a deep fear that this situation will spread to Hong Kong." At the beginning of last year, the Ministry of Justice issued a "Specification for national criminal legal aid service" to propose a legal aid organization installed by the government. It would provide free legal consultations, assistance from lawyers on duty, criminal defence and legal representation.

Source: Mingpao

https://m.mingpao.com/pns/中國/article/20200708/s00013/1594146295491/紀念709五周年-國安法成焦點-中港律師憂現「港版709」

Translated by: Hong Kong Echo

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