CHINA DAILY | HONG KONG EDITION Tuesday, January 19, 2021 | 7 COMMENTHK

TO THE POINT Protect public prosecutions STAFF WRITER Sanction moves expose desperation, from political interference high-handedness of likes of Pompeo

In what is widely seen as the Trump the National Security Law for Hong Kong. Grenville Cross says nobody is above the law in HK and administration’s last-minute e† ort to Pompeo said in a statement that all further escalate tensions in Sino-US rela- those o¤ cials being sanctioned were suspected lawbreakers will be prosecuted, evidence tions and lay as many political landmines associated with “developing, adopting, as possible to trap the incoming Biden or implementing the National Security permitting, even if they have big-name allies elsewhere administration, Washington announced Law”. There is no doubt that Pompeo and on Friday a new round of “sanctions” on other alt-right politicians in Washington n February 16, nine traditions of the English Bar, Perry will Chinese o¤ cials including some from see the security law as a thorn in the defendants, some be scrupulously fair at trial, and objective the Hong Kong Special Administrative fl esh. Their animosity toward the law high-profi le, and observers will welcome his involvement. Region government. grows by the day along with their frustra- including Jimmy Lai Unlike Tugendhat and Adonis, however, The new round of “sanctions”, the lat- tion over the gradual loss of their proxies Chee-ying, Martin Falconer and Kennedy are not simply est in a series of steps targeting China, and foot soldiers in Hong Kong. political hacks, but prominent lawyers, Lee Chu-ming, and Grenville Cross came on the heel of another targeting a After the promulgation of the secu- Leung Kwok-hung, The author is a senior counsel, law pro- which makes their remarks all the more new batch of Chinese tech giants includ- rity law in Hong Kong on June 30 last will appear for their 10-day trial in the fessor, and criminal justice analyst, and unfortunate. As they should know, the ing aviation fi rm Skyrizon, smartphone year, anti-government local groups have ODistrict Court (DCCC 536/2020). They was previously the Director of Public International Covenant on Civil and maker Xiaomi Corp and Commercial Air- scrambled to disband, with Union for are jointly charged with two o† enses, Prosecutions of the Hong Kong SAR. Political Rights applies in Hong Kong, craft Corporation of China — under the New Civil Servants being the latest; many one of organizing an unauthorized through the Basic Law (Art.39), and guise of “national threat”. Few would have anti-China external forces operating in assembly, and the other of participating ing the prosecution had the best team this protects the fundamental rights of been surprised by the Trump administra- Hong Kong under the guise of NGOs in an unauthorized assembly. Under the possible, provided it did not jeopardize criminal suspects, although they are not tion’s stepped-up landmine-laying opera- have moved to other places; separatists Public Order Ordinance (Cap.245), the the development of the local legal profes- absolute. Thus, the right to free assembly tion, given the fact that the assault on the and subversives either have also fl ed the maximum sentence for these o† enses is 5 sion, which was not the case. is protected, although lawful restric- US Congress on Jan 6 by the supporters city or are facing the full force of the law. years’ imprisonment (Sect.17A). Although, therefore, criminal justice tions are permissible, if necessary, in the of President Donald Trump, the bloc’s last The way Pompeo and other anti-China The o† enses allegedly occurred on will clearly benefi t from Perry’s admis- interests of “public order”, or the “protec- resort to overturn his November election Washington politicians have been trying August 18, 2019, following an authorized sion, this was not how Hong Kong’s tion of the rights and freedom of others” defeat, failed. to hurt China’s interests on any excuses assembly in Victoria Park. The pros- detractors saw it. A squalid campaign (Art.21). Like many other places, Hong Friday’s “sanctions” against six central they could come up with has exposed not ecution is expected to assert that the was immediately launched by anti-China Kong, while respecting peaceful protests, government and Hong Kong SAR govern- only desperation but also contempt for defendants defi ed a police objection, and forces, designed to pressurize Perry into imposes restrictions when the police ment o¤ cials came after US Secretary the agreed-upon standards of political embarked upon an unauthorized march withdrawing from the case. The chairman anticipate, on reasonable grounds, that, of State Mike Pompeo warned earlier of decency that prevail in the world. But from Causeway Bay to Central. Although of the UK House of Commons Foreign for example, tra¤ c will be disrupted or fresh “sanctions” in response to the arrest their so-called sanctions won’t work with the case seems factually simple, it is likely A† airs Committee, Tom Tugendhat, confl ict will erupt. of 53 individuals on Jan 5 by Hong Kong China, and their high-handedness will be that major constitutional issues will be said “we all need to ask when the law When, therefore, as allegedly happened police on suspicion of subversion under remembered by the world. raised by the defense at trial, not least stops being an instrument of justice and on August 18, 2019, protesters, having because several of the defendants are becomes the tool of tyrants”, which should attended an authorized assembly in a legally qualifi ed. surprise nobody. He also chairs the China park, chose unilaterally to embark upon The Department of Justice, having Research Group, which campaigned for an unauthorized assembly on a public regard to the signifi cance of the case and an end to Huawei’s involvement in the road, they were asking for trouble, and its sensitivity, has decided to put its best UK’s 5G network, and he has called for must face the consequences. This, how- Nano fl ats: Explaining a tragic foot forward. On January 12, it invited the arrangement whereby British judges ever, has nothing to do with persecuting the Court of First Instance to approve the sit in the Hong Kong Court of Final what Falconer calls “pro-democracy cam- admission of an eminent British Queen’s Appeal to be reviewed. paigners”, and is about prosecuting people phenomenon unique to the city Counsel (QC), David Perry, so he could Tugendhat’s fellow parliamentarian, suspected of deliberately fl outing the law. lead the prosecution team. Overseas bar- the former transport minister, Lord After all, in Hong Kong, as in the UK, ccording to a study recently risters are sometimes admitted on an (Andrew) Adonis, sought to shame nobody is above the law, and suspected published by the Liber Research ad hoc basis to conduct particular cases, Perry by inquiring “where are the ethics lawbreakers will be prosecuted, evidence Community, the number of Hong invariably in situations where the local of the English legal profession going?” permitting, even if they have big-name Kong’s “nano fl ats”, defi ned as courts will benefi t from their expertise. Meanwhile, from Hong Kong Watch, the allies elsewhere. Quite clearly, as Falconer Atiny fl ats smaller than 260 square feet, has In recent times, Perry has established propaganda outfi t of which the former and Kennedy should appreciate, the rule grown 85 times from 2010 to 2019. They Ho Lok-sang a formidable reputation, with an inter- governor, Chris Patten, is patron, Luke of law demands no less. represented only 0.2 percent of newly The author is a senior research fellow at national profi le. Apart from his London Pulford, a functionary, described Perry’s As for Perry, he is no shrinking violet, developed fl ats in 2010, but 12.9 percent the Pan Sutong Shanghai-Hong Kong Eco- practice, which includes appearing before decision as “an utter disgrace”, and, for and he will undoubtedly stand up for in 2019. Nano fl ats can be as small as 128 nomic Policy Research Institute, Lingnan the Supreme Court and the Judicial Com- good measure, a “humiliation for the UK”. himself. He will, nonetheless, be disturbed square feet (11.9 square meters) — smaller University. mittee of the Privy Council, he has also This gibberish was then compounded to have read, in The Times (January 14), than a regular parking space for a car. represented the British government in by the journalist, Charles Moore, who, that “senior sources in the foreign o¤ ce This phenomenon begs an answer. inclined to selling their fl ats and trading the European Court of Human Rights, writing in The Daily Telegraph (January indicated that there was deep unease at Although Hong Kong’s economic growth up. Selling their fl ats would have meant and conducted cases in the Bahamas, the 16), sarcastically remarked that the Hong Mr Perry’s decision, which is being exam- has slowed, there was still growth. Our a greater supply of starter homes. Buy- Cayman Islands, Gibraltar and Northern Kong government was “honored” to be ined closely by the department”. Although per capita GDP rose from $32,550 to ing bigger fl ats would have meant greater Ireland. In Hong Kong, moreover, he has represented “by a British QC to prosecute the foreign o¤ ce, under Dominic Raab’s $48,756 from 2010 to 2019, or 49.8 percent, demand for bigger fl ats. The rise in the prosecuted the former chief executive, the businessman Jimmy Lai under its leadership, has lurched into a confron- noticeably higher than the comprehensive prices of smaller fl ats per square foot Donald Tsang Yam-kuen, for misconduct new anti-subversion law”. Unfortunately tational China policy, even suspending consumer price index, which rose 37.5 relative to bigger fl ats is the main reason in public o¤ ce, the former chief secretary, for his readers, Moore was even mistaken the UK-Hong Kong fugitive o† ender sur- percent. How can we explain the fact that behind developers’ decisions to build more Rafael Hui Si-yan, for bribery, the feng over the actual charge, which involves an render agreement, it will, hopefully, still our homes are getting smaller and smaller, smaller fl ats. shui master, Peter Chan Chun-chuen, for unauthorized assembly, contrary to the have the good sense not to beat up on a amid positive real economic growth? To put it in perspective, the smallest size forgery, and the “milkshake murderer”, long-standing public order law, and has distinguished British QC, who is simply An explanation is that our housing fl at is “Class A” under the Rating and Valu- Nancy Kissel, and he has also appeared nothing to do with subversion. upholding criminal justice. prices have risen much faster than incomes ation Department framework, while Class in the Court of Final Appeal. So, as a man Although it is unclear if the UK’s But let nobody be under any illusions, or the price index. Our developers are sim- D and Class E are the biggest fl ats. By the who knows the city, and understands its former justice secretary, Lord (Charles) for the city’s legal system is under exis- ply following the directions of the market. last quarter of 2010, Class A home prices legal system, he is an inspired choice. Falconer, shares Moore’s ignorance of the tential threat from hostile forces. Just Because bigger fl ats are so una† ordable, rose 61 percent since the fi rst quarter of In deciding to admit Perry, the Chief charges, he nonetheless said Perry “must last summer, for example, there was there is demand for smaller fl ats, and 1999, compared with 105 percent for Class Judge of the High Court, Jeremy Poon withdraw”, as he would be prosecuting orchestrated political pressure on over- building smaller fl ats has become much D and Class E homes, which are combined Shiu-chor, said the case involved the “well-known democracy campaigners”, seas judges to resign from the Hong Kong more profi table than building larger fl ats. because transactions in these classes are issues of, on the one hand, protecting the and he needed to “remain consistent with Court of Final Appeal, but, to their credit, Data from Statista indicates that the rather low. After the introduction of the fundamental freedom of assembly, and, the values of the UK”. Eager not to be left none of them buckled. In particular, the average living space per person in Hong SSD in the last quarter of 2010, Class A on the other, regulating the manner and out, the chairwoman of the International former chief justice of Canada, Beverley Kong’s public housing fl ats has grown. homes rose a hefty 167 percent up to the exercise of that freedom under the statu- Bar Association’s human rights institute, McLachlin, who probably faced the great- By 2020 it was 13.4 square meters, higher third quarter of 2020, much more than the tory control regime. These constitutional Baroness (Helena) Kennedy, went further, est pressure, bravely stood her ground, than 2007’s 12.2 square meters. This is as 57 percent increase for the biggest homes. issues, he said, would “have a real and claiming that Perry’s decision to prosecute declaring “it’s a wonderful court”. Perry is it should be. But many who live in private One might think that the increased signifi cant impact on the exercise of the the case “will become a source of shame”. undoubtedly cut from the same cloth, and housing, who pay much more, and even supply of new small fl ats from develop- freedom of assembly in the future”, and This, of course, was absurd, and, if Ken- everybody who cherishes the city’s rule of those who buy their own fl ats, are living in ers would o† set the reduced supply of old were of “great and general importance to nedy had any real concerns over the case, law will wish him well. poorer and poorer conditions. In particu- small fl ats. But even though this did hap- the development of local jurisprudence”. these should have been laid to rest once lar, those living in rooms from subdivided pen, there are also incentives for investors In these circumstances, he concluded, the the prosecution was placed in the hands The views do not necessarily refl ect those fl ats pay exorbitant rents, often more to buy the smaller fl ats for investment pur- public interest was best served by ensur- of a renowned British QC. In the best of China Daily. than double the rent paid to the Housing poses. These investors were not deterred Authority, and they have to put up with by the SSD because many of them were an average living space per person of 48 not speculators but were prepared to hold square feet. on to them beyond the two or three years The nano fl at phenomenon is unique after which the SSD would no longer be Editor’s note: China to Hong Kong. I do not know of any other applicable. Moreover, normally the supply Daily Hong Kong Edition city that builds such tiny fl ats. And this is of existing homes from those who want to has launched a photo- also a new and quite recent phenomenon trade up to bigger fl ats is much bigger than sharing campaign on in Hong Kong. Consider the fact that Hong the new supply from developers. Instagram. You can share Kong’s population growth has fallen dra- The SSD was portrayed as a demand your photos by tagging matically since the 1950s from 4.5 percent management policy by the SAR govern- #hk24hr, and we’ll choose a year in the 1950s to 1.8 percent a year in ment. The main e† ect, unfortunately, was the best ones to publish in the 1980s and fi nally to an average of 0.7 to reduce the supply of existing fl ats rather the newspaper. percent in the last decade. Consider that, than to curtail demand for starter homes. prior to the 1997 handover, land supply Even more unfortunate is that mortgage from auctions was constrained by an annex policies favored smaller fl ats, which to the Sino-British Joint Declaration to no attracted more buyers into the smaller fl at more than 50 hectares a year. After the market. handover there is no more restriction. The The Liber Research Community pro- “nano fl at phenomenon” begs an answer. posed that the government should stipu- Prior to 2010, the per square foot prices late on the land lease to mandate that fl ats of Hong Kong’s bigger fl ats were much must be no smaller than 260 square feet. Golden more expensive than that of smaller fl ats, I am sympathetic with this proposal, as a which corresponds with intuition as well- tiny living space is mentally stressful and memory o† people can a† ord premium prices for may be unfi t for living. However, the root Hikers take photos in better quality housing. Indeed, prices of cause is really our various special stamp the splendid sea of bigger fl ats used to outpace that of smaller duties, the social cost of which is much big- silver grass on Sunset fl ats. But this was reversed after October ger than is recognized by our policymakers. Peak, Hong Kong’s third 2010, when the Special Stamp Duty was highest mountain . introduced. After the SSD was launched, The views do not necessarily refl ect those of RAYMOND CHAN / CHINA DAILY owners of smaller fl ats were much less China Daily.