An Open Letter to the President of the United States

Total Page:16

File Type:pdf, Size:1020Kb

An Open Letter to the President of the United States 8 | Tuesday, June 30, 2020 HONG KONG| EDITIONCHINA DAILY COMMENTHK TO THE POINT An open letter to STAFF WRITER Fingers crossed that national the president of security law will be enacted soon To the relief of most Hong Kong people, Ip a petition supporting enactment of the national Kwok-him, a Hong Kong deputy to the National security law being reviewed by members of People’s Congress, suggested on Sunday that the the NPCSC. In the eight-day campaign ended the United States odds of the draft national security law for Hong on May 30, nearly three million Hong Kong Kong being passed by China’s top legislature residents signed the petition supporting the says the US secretary of state before its current session closes on Tuesday national security legislation. Grenville Cross were over 99.9 percent. Popular support for the new law to be enacted is misleading the president about the facts in Those who want the violence to be stopped, and promulgated by the country’s top legislature social unrest to be quelled, stability to be is conceivable and sensible. Hong Kong simply Hong Kong in order to harm China, and his restored and the rule of law to be upheld in can no longer wait for the city’s legislature, para- Hong Kong are keeping their fi ngers crossed lyzed by the opposition camp, to enact national actions are damaging US interests that the proposed law will be enacted sooner security legislation on its own according to rather than later after the NPC announced the Article 23 of the Basic Law. Moreover, the new Dear Mr President, instead of denouncing the rioters move late last month. law targets only an extremely small number of unequivocally, sought to curry favor The yearlong violent rampages and vandalism separatists, terrorists and hostile external forces n these very di cult with the protest movement. Ever perpetrated by rioters including diehard sepa- who threaten national security. The majority of times, people of goodwill the trouble-maker, he endorsed key ratists in the pursuit of their political objectives residents including expats who have no inten- around the world, includ- demands of the protest movement, have helped Hong Kong people realize: Noth- tion of undermining China’s national interests ing in Hong Kong, will including their anti-police agenda, ing other than a national security law enacted have no reason to fret about the law. wish you well as you try Grenville Cross and even bizarrely accused the gov- by the country’s top legislature can stop such The SAR has failed, for two decades, to ful- to guide the United States ernment of having “primary respon- unprecedented madness. fi ll its constitutional obligation to safeguard back to normality. In particular, by con- sibility” for the situation. He must Hong Kong people realize the city they call national security by enacting a relevant law. The I imagine, however, that you will stantly misrepresenting have recoiled in horror when, on July home is teetering on the edge of an abyss as central authorities have no alternative but take Ibe the fi rst to agree that, whatever 22, you praised President Xi Jinping riots and terrorist acts have dominated the city’s it on themselves to legislate for the SAR when your strengths may be domestically, the situation in Hong for acting “very responsibly” over urban landscape for months and police have the national security of China is nowhere more foreign policy is not your forte. the protests, but he has, by mindless uncovered an increasing number of bomb plots seriously threatened and actually undermined Indeed, your former national secu- Kong, Pompeo is trying China-bashing, sought ever since to against law enforcers as well as civilians. than in Hong Kong. rity adviser, John Bolton, in his mem- to harm China, and this row back on your own very sound The logical and natural response of people Foreign governments or politicians are guilty oir The Room Where It Happened, instincts, and this he has done at who want to lead a normal life free from threats, of practicing double standards when they raise describes you as being “stunningly is in nobody’s inter- Hong Kong’s expense. dangers and harm is to give a loud shout: The an objection to Beijing’s move to safeguard uninformed”. He reveals how you ests, least of all the US. Indeed, although COVID-19 has madness must be stopped without further national security while they have installed their were unaware that the United King- resulted in restrictions around the delay! They made their voices heard by signing own safeguards against subversive acts. dom, your country’s closest ally, is a His actions, moreover, world on public gatherings, Pompeo nuclear power, and that you thought has grotesquely sought to make that Finland was a part of Russia. betray a crass igno- political capital out of it. After the He says you even confused former rance of both the legal police in Hong Kong decided it was Afghan president Hamid Karzai unsafe, on public health grounds, with his successor, Ashraf Ghani. Le niceties and the factual for any gatherings on June 4, he World needs to relearn Monde, moreover, has disclosed how, announced that Beijing was denying at your meeting with the three Baltic situation in Hong Kong, the people “a voice and a choice”, and presidents in Washington, D.C., in and you are being badly “so much for two systems”. However, 2018, you mixed up the Baltics with after the police in the UK likewise what ‘one country, two the Balkans, which left them dumb- served. banned any gatherings of more founded. than six people under the corona- Although your primary focus has virus regulations, with John Apter, always been on the US economy, it tion for the enactment of the national chairman of the Police Federation, systems’ is all about appears, ga es apart, that you are security law. The o cials were, he explaining that, although the right to being woefully served by the US claimed, “responsible for, or complicit protest is important, “we are not in omorrow is the 23rd anniversary of the Department of State. Instead of pro- in, undermining Hong Kong’s high normal times”, there was not even a inauguration of the Hong Kong Special viding you with thorough briefi ngs degree of autonomy, as guaranteed whimper of concern from Pompeo, Administrative Region. According to Mr on foreign a airs, it is feeding you in the 1984 Sino-British Joint Dec- whose hypocrisy is almost as brazen Shih Wing-ching, Hong Kong should con- fake news, and this is damaging US laration”. Once again, he was wholly as his bias. siderT 2020 as the year of the second return of Hong interests worldwide. By any yard- unaware that the Joint Declaration Quite clearly, Pompeo’s hatred of Kong to China. In an RTHK interview that aired stick, this is a sad situation, for which said nothing about national security, China is visceral, and this has warped earlier, he said that the fi rst return of Hong Kong the Secretary of State, Mike Pompeo, and specifi cally excluded “defense his judgment. As you know, on May to the motherland cannot be said to be successful. Ho Lok-sang 27, he told Congress that Hong Kong must bear responsibility. a airs” from its ambit, for obvious Hong Kong needs a second return to China. He is The author is a senior research fellow at Pan Indeed, far from watching your reasons. Under China’s Constitution, was no longer autonomous from right. But why was the fi rst return of Hong Kong to Sutong Shanghai-Hong Kong Economic Policy back, Bolton has revealed how, national defense is always an issue China, which could jeopardize its China not successful? Research Institute, Lingnan University. during your historic meeting with for the country as a whole, just as it special trade relationship with the The European Parliament on June 19 condemned Kim Jong-un in Singapore in 2018, is in the US, and the Joint Declara- US. What, however, he failed to tell China’s new national security law for Hong Kong as economic outlook continued to deteriorate fol- Pompeo told him you were “so full of tion never suggested otherwise. Since Congress was that, in Hong Kong, a “comprehensive assault” on the territory’s freedom lowing six months of street protests, and that s—t”. Such candor not only belittled Hong Kong has been unable to enact basic rights and freedoms remain and demanded that the EU prepare sanctions. This persistent unrest put the city’s business reputation your e orts to improve things on the its own national security laws for 23 intact, underpinned by the ICCPR, shows that many members of the European Parlia- and environment at risk. Although the outbreak of Korean peninsula, but it also exposed years, largely because of the threat that it is blessed with an independent ment do not know what the “one country, two sys- COVID-19 led to a reprieve, the protesters returned the antediluvian mindset of this Cold of violence, Beijing has naturally had judiciary and fi rst-class legal and tems” principle is all about. Most observers would as soon as there were signs the epidemic was under War throwback. to rectify things, given the current fi nancial systems, and that China is understand why the US criticized the National control. In particular, by constantly mis- threats to “one country, two systems”. doing all it can to protect “one coun- People’s Congress Standing Committee proposal to It is sad that so many youngsters were arrested representing the situation in Hong You, of course, would never coun- try, two systems” from those who introduce the national security law in Hong Kong.
Recommended publications
  • Grand Bauhinia Medal (GBM)
    Appendix Grand Bauhinia Medal (GBM) The Honourable Chief Justice CHEUNG Kui-nung, Andrew Chief Justice CHEUNG is awarded GBM in recognition of his dedicated and distinguished public service to the Judiciary and the Hong Kong community, as well as his tremendous contribution to upholding the rule of law. With his outstanding ability, leadership and experience in the operation of the judicial system, he has made significant contribution to leading the Judiciary to move with the times, adjudicating cases in accordance with the law, safeguarding the interests of the Hong Kong community, and maintaining efficient operation of courts and tribunals at all levels. He has also made exemplary efforts in commanding public confidence in the judicial system of Hong Kong. The Honourable CHENG Yeuk-wah, Teresa, GBS, SC, JP Ms CHENG is awarded GBM in recognition of her dedicated and distinguished public service to the Government and the Hong Kong community, particularly in her capacity as the Secretary for Justice since 2018. With her outstanding ability and strong commitment to Hong Kong’s legal profession, Ms CHENG has led the Department of Justice in performing its various functions and provided comprehensive legal advice to the Chief Executive and the Government. She has also made significant contribution to upholding the rule of law, ensuring a fair and effective administration of justice and protecting public interest, as well as promoting the development of Hong Kong as a centre of arbitration services worldwide and consolidating Hong Kong's status as an international legal hub for dispute resolution services. The Honourable CHOW Chung-kong, GBS, JP Over the years, Mr CHOW has served the community with a distinguished record of public service.
    [Show full text]
  • Congressional-Executive Commission on China Annual Report 2019
    CONGRESSIONAL-EXECUTIVE COMMISSION ON CHINA ANNUAL REPORT 2019 ONE HUNDRED SIXTEENTH CONGRESS FIRST SESSION NOVEMBER 18, 2019 Printed for the use of the Congressional-Executive Commission on China ( Available via the World Wide Web: https://www.cecc.gov VerDate Nov 24 2008 13:38 Nov 18, 2019 Jkt 036743 PO 00000 Frm 00001 Fmt 6011 Sfmt 5011 G:\ANNUAL REPORT\ANNUAL REPORT 2019\2019 AR GPO FILES\FRONTMATTER.TXT CONGRESSIONAL-EXECUTIVE COMMISSION ON CHINA ANNUAL REPORT 2019 ONE HUNDRED SIXTEENTH CONGRESS FIRST SESSION NOVEMBER 18, 2019 Printed for the use of the Congressional-Executive Commission on China ( Available via the World Wide Web: https://www.cecc.gov U.S. GOVERNMENT PUBLISHING OFFICE 36–743 PDF WASHINGTON : 2019 VerDate Nov 24 2008 13:38 Nov 18, 2019 Jkt 036743 PO 00000 Frm 00003 Fmt 5011 Sfmt 5011 G:\ANNUAL REPORT\ANNUAL REPORT 2019\2019 AR GPO FILES\FRONTMATTER.TXT CONGRESSIONAL-EXECUTIVE COMMISSION ON CHINA LEGISLATIVE BRANCH COMMISSIONERS House Senate JAMES P. MCGOVERN, Massachusetts, MARCO RUBIO, Florida, Co-chair Chair JAMES LANKFORD, Oklahoma MARCY KAPTUR, Ohio TOM COTTON, Arkansas THOMAS SUOZZI, New York STEVE DAINES, Montana TOM MALINOWSKI, New Jersey TODD YOUNG, Indiana BEN MCADAMS, Utah DIANNE FEINSTEIN, California CHRISTOPHER SMITH, New Jersey JEFF MERKLEY, Oregon BRIAN MAST, Florida GARY PETERS, Michigan VICKY HARTZLER, Missouri ANGUS KING, Maine EXECUTIVE BRANCH COMMISSIONERS Department of State, To Be Appointed Department of Labor, To Be Appointed Department of Commerce, To Be Appointed At-Large, To Be Appointed At-Large, To Be Appointed JONATHAN STIVERS, Staff Director PETER MATTIS, Deputy Staff Director (II) VerDate Nov 24 2008 13:38 Nov 18, 2019 Jkt 036743 PO 00000 Frm 00004 Fmt 0486 Sfmt 0486 G:\ANNUAL REPORT\ANNUAL REPORT 2019\2019 AR GPO FILES\FRONTMATTER.TXT C O N T E N T S Page I.
    [Show full text]
  • Upholding Criminal Justice and Setting an Example
    8 | Tuesday, February 2, 2021 HONG KONG| EDITION CHINA DAILY COMMENTHK Hong Kong Law Society: People’s denouncement Upholding criminal justice and setting an example Grenville Cross says by eschewing political posturing, looking after the interests of lawyers, the SAR’s Law Society has shown that it has got its priorities right n January, after it emerged Secretary for Justice, Teresa Cheng Yeuk- that a British barrister, David wah, was quick to denounce this a ront to Perry QC, had been briefed by the rule of law, the Hong Kong Bar Asso- the Department of Justice to ciation, which has about 1,500 members, held back, which surprised many. After all, prosecute a public order case in Hong Kong residents protest on Monday outside the British Consulate-General in Hong Hong Kong, he was subjected Grenville Cross as Perry had been politically intimidated Kong, condemning the UK for meddling in China’s internal affairs and interfering with to an unprecedented campaign The author is a senior counsel, law after having been admitted by the High Hong Kong’s judicial independence. RAYMOND CHAN / CHINA DAILY of political intimidation in his own coun- professor and criminal justice analyst, Court to prosecute a case in Hong Kong, Itry. This was designed to secure his with- and was previously the director of pub- the association should have been scream- drawal from the case, and it made a mock- lic prosecutions of the Hong Kong SAR. ing from the rooftops, and its silence was ery of traditional British notions of fair deafening. If the association is unwilling play.
    [Show full text]
  • Now Is the Time to Give Civic Party Its Last Rites
    8 | Wednesday, April21, 2021 HONG KONG EDITION | CHINA DAILY COMMENTHK Yang Sheng Now is the time to give Harris’ antics Civic Party its last rites threaten to bring Grenville Cross says the political group has done more harm HKBA down to Hong Kong than any other and its departure is long overdue aul Harris, a former British politician and current chair- man of the Hong Kong Bar Association (HKBA), spouted some uneducated theories that fully exposed his hypo- n November 11, 2020, the the national anthem law, both of which Hong critical self in a recent interview, in which he questioned National People’s Con- Kong was constitutionally obliged to enact. In Pthe legitimacy of the National People’s Congress’ (NPC) decision gress Standing Committee consequence, there was legislative gridlock, to improve Hong Kong’s electoral system, claiming that the vet- (NPCSC) adopted a resolu- with 14 bills and 89 items of subsidiary legisla- ting of candidates by a review committee may violate voter rights tion whereby members of tion being blocked, many a ecting people’s by limiting their choices. However, he failed to mention the fact the Hong Kong Legislative livelihoods. Although the deadlock was fi nally that vetting candidates is a common practice around the world to Council immediately lost Grenville Cross broken on May 18, no thanks to Kwok, his ensure national security or other national interests. Would Paul their seats if, in violation of their oaths of The author is a senior counsel, law professor was an unprecedented move to paralyze the Harris, who served as a councilor of Oxford city in the past, cast and criminal justice analyst, and was previ- o ce, they were deemed to have engaged in Legislative Council, and to prevent it from dis- the same human rights abuse suspicion over the relevant laws of O ously the director of public prosecutions of charging the legislative functions required of various nefarious activities.
    [Show full text]
  • Crime Situation: Safer City with Better Prospects Grenville Cross Says the NSL Helps Reduce the Number of Young People Falling Foul of the Law
    8 | Tuesday, August 10, 2021 HONG KONG EDITION | CHINA DAILY COMMENTHK Crime situation: Safer city with better prospects Grenville Cross says the NSL helps reduce the number of young people falling foul of the law n July 27, the Hong beries fell by 64 percent, from 186 to 67, teens they involved in, for example, their who fomented the unrest in 2019 are still Kong Police Force burglaries fell by 35.9 percent, from 1,156 petrol bombings. Their naivete was ruth- at large, and as dangerous as ever. They issued its latest six- to 741, and thefts dropped by 13.4 per- lessly exploited by those who wanted to remain on the lookout for new means monthly report on the cent, from 10,762 to 9,317. sabotage the “one country, two systems” of exploiting young people and turning crime situation, cover- The reduction, moreover, by 15.7 per- policy and provoke Beijing into an armed them against society, whether by disre- ing the period from cent, of wounding and serious assault intervention. Although they failed, many spect of the national anthem, seditious Grenville Cross January to June 2021. cases, down from 2,462 to 2,076, is also of the youngsters they seduced have been activity at universities, or even bomb The author is a senior counsel, law profes- plots. It contains a mass of information, much sor and criminal justice analyst, and was most welcome. It suggests strongly that left carrying the can for them, including Oof it positive, but by no means all. Such previously the director of public prosecu- the ethos of violence unleashed by the the 13-year-old boy who pleaded guilty at Although the National Security Law reports are invariably useful, and they tions of the Hong Kong SAR.
    [Show full text]
  • Epics and Legends Witnessed
    ISSUE 3 · 2019 《中国人大》对外版 NPC National People’s Congress of China EPICS AND LeGeNDS WITNeSSeD 2 NATIONAL PEOPle’s CoNGRESS OF CHINA Formations featuring a giant national flag and the emblem of the People’s Republic of China take path in a mass pageantry celebrating the 70th anni- versary of the founding of the PRC in Beijing on October 1. Zhai Jianlan ISSUE 3 · 2019 3 6 China will stay on peaceful development path Contents 70 Years On 20 National Medals and Honorary Titles Xi Jinping and China’s new era 6 China will stay on peaceful 24 30 development path New China turns 70, witnessing a 42 individuals awarded national golden age medals, honorary titles 8 Highest state honors conferred on 26 32 individuals ahead of National Day Growth for everyone Awards reflect global respect, under- standing 10 28 Epics and legends witnessed Warm response inspired Special Reports 34 Keep our door wide open 36 Top legislator visits Azerbaijan, Kazakhstan and Russia 4 NATIONAL PEOPle’s CoNGRESS OF CHINA 10 Epics and legends witnessed 45 28 Warm response inspired Economic miracle ISSUE 3 · 2019 National Medals and Honorary Titles Supervision Focus 44 40 A blatant intervention in Hong Kong Top legislature holds joint inquiry affairs condemned meeting on water pollution NPC 44 NPC spokesperson condemns US General Editorial House committee passing Hong Office Address: 23 Xijiaominxiang, Legislation Kong-related resolution Xicheng District Beijing 100805,P.R.China Tel: (86-10)6309-8540 In-depth (86-10)8308-3891 42 E-mail: [email protected] China revises law to ensure drug 45 safety Economic miracle ISSN 1674-3008 CN 11-5683/D Price:RMB35 43 COVER: China holds a grand celebration with a China mulls further encouraging military parade and a mass pageantry on October 1, Edited by The People’s Congresses Journal body donation, protecting privacy the National Day, to mark the 70th anniversary of the Published by The People’s Congresses Journal founding of the People’s Republic of China.
    [Show full text]
  • 1 INTERNATIONAL ASSOCIATION of PROSECUTORS a HISTORY The
    INTERNATIONAL ASSOCIATION OF PROSECUTORS A HISTORY The Dream The Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders was held in Havana, Cuba from 27 August to 7 September 1990. The delegates at that Congress discussed a range of issues and among them the position of prosecutors. They recognised that, although "the Universal Declaration of Human Rights enshrines the principles of equality before the law, the presumption of innocence and the right to a fair and public hearing before an impartial tribunal, frequently there still exists a gap between the vision underlying those principles and the actual situation". They also recognised that prosecutors play a crucial role in the administration of justice and in ensuring compliance with these principles. The Congress accordingly adopted a set of Guidelines on the Role of the Prosecutor (the Guidelines) to assist Member States of the United Nations in the task of securing and promoting the effectiveness, impartiality and fairness of prosecutors in criminal proceedings. The Guidelines were to be brought to the attention of prosecutors and others in the criminal justice system. Prosecutors in their turn were obliged to respect the Guidelines and to oppose any violations thereof. On its return home, the Hungarian delegation to the Congress set up a professional body for prosecutors, the Hungarian National Association of Prosecutors, to further the objectives of the Guidelines. It was therefore perhaps unsurprising that it was at that Association's first "Kriminalinfo" (Criminal Information Conference and Exhibition) conference in October 1991 that the idea of creating an international organisation first arose.
    [Show full text]
  • Grenville Cross Says All of Those Who Were Complicit in RTHK Continues Protest-Related Crimes Must Expect to Face Consequences
    | Monday, March 22, 2021 8 CHINA DAILY | HONG KONG EDITION Tuesday, June 1, 2021 | 9 COMMENTHK Strong punishments are a Ho Lok-sang The author is a senior research fellow at the Pan Sutong Shanghai-Hong fi tting coda to lawless era Kong Economic Policy Research Institute, Lingnan University. Grenville Cross says all of those who were complicit in RTHK continues protest-related crimes must expect to face consequences n May 28, 10 well-known “Beijing” played a part in the prosecution, to serve SAR’s defendants, who had ear- this shows his capacity for self-delusion and lier pleaded guilty to orga- misleading others is boundless. Under the nizing an unauthorized Basic Law, the Department of Justice controls criminal prosecutions “free from any interfer- public interest assembly on Oct 1, 2019, received their just deserts, ence” (Art.63), and, given that this was an and were sentenced to Grenville Cross open-and-shut case, its prosecutors would terms of imprisonment which ranged from 14 The author is a senior counsel, law profes- have had no di culty in concluding that ast week I read an interesting article by Professor Joseph sor and criminal justice analyst, and was to 18 months (DCCC 534/2020). Two of them, prosecutions were appropriate. The sentence Man Chan, professor emeritus of journalism and communi- O previously the director of public prosecu- for organizing an unauthorized assembly however, Richard Tsoi Yiu-cheong and Sin tions of the Hong Kong SAR. cation at the Chinese University of Hong Kong. His article, Chung-kai, had their sentences suspended, was, moreover, never “a fi xed-penalty fi ne”, published in Ming Pao, was headlined “RTHK turning into because of mitigating factors, including their and the courts have always enjoyed a wide La mouthpiece goes against the public interest”.
    [Show full text]
  • Prosecutions Hong Kong 2015
    特稿 Feature Articles 黄惠沖資深大律師專訪 Interview with Wesley Wong SC 沈仲平博士專訪 Interview with Dr Alain Sham 黃惠沖資深大律師專訪 Interview with Wesley Wong SC 2015 年 9 月 3 日,黃惠沖資深大律師出任法律政策專員,掌管法律政策科。他是首批由 本司培訓的見習律政人員,在 1994 年 8 月 2 日成為檢察官時被選派至刑事檢控科工作, 其後他也在司內其他科別服務。黃先生在 2011 年出任副刑事檢控專員,並由 2012 年 8 月 2 日起擔任刑事檢控專員辦公室人事主管,此時距離他首次加入刑事檢控科剛好 18 年。 這位律政專員談及過往的工作和經驗如何造就他,讓他有今日的信心履行現時範圍如此廣 泛的職責。 Mr Wesley Wong Wai-chung SC assumed the post of Solicitor General on 3 September 2015 to head the Legal Policy Division. From the Department’s first crop of home-grown Legal Trainees, he was first posted to the Prosecutions Division on 2 August 1994, and thereafter served elsewhere in the Department. He had been a Deputy Director of Public Prosecutions since 2011 and started discharging the role of Chief of Staff of the Office of the Director of Public Prosecutions from 2 August 2012, exactly 18 years after he first joined the Division. The Solicitor General talks about how his previous work and experience has benefited and allowed him to discharge his present role with such a broad span of responsibility with the confidence which he otherwise would not be able to command. 由見習律政人員 ( 大律師 ) 到法律政策專員, From Legal Trainee (Barrister) to Solicitor General, Mr Wesley Wong SC’s 黃先生過去 22 年經歷的升遷之路,都甚具啓 acceleration through the ranks in the past 22 years is nothing short of 發意義。他曾三度 (1994 至 1996 年、1998 至 inspiring. Having had three spells (1994 to 1996, 1998 to 1999 and 1999 年和 2010 至 2015 年 ) 在本科工作。本司 2010 to 2015) in the Division, he is the only other former prosecutor 歷來曾任職檢控官而獲委任為法律政策專員者, (apart from the Honourable Mr Justice Stock GBS1 and retired High Court 除了司徒敬法官 1 和高等法院榮休法官杜輝 2 外, Judge Mr Justice Duffy2) in this Department’s history to be appointed 就只有黃先生一人了。 Solicitor General.
    [Show full text]
  • DPP Decides Not to Prosecute Antony Leung ************************************
    DPP Decides not to Prosecute Antony Leung ************************************ The Director of Public Prosecutions (DPP), Mr Grenville Cross, SC, has decided not to prosecute former Financial Secretary, Mr Antony Leung, for his actions in respect of a car purchased shortly before an increase in First Registration Tax in the 2003 Budget. The DPP came to the decision after full consideration of the evidence, the law and the opinions given by two leading counsel at the private Bar, one in Hong Kong and the other in England. Speaking at a meet-the-media session today (Dec 15), Mr Cross said that, on the totality of the evidence, a prosecution could not be justified as it could not be proved Mr Leung deliberately sought to evade tax on a car he purchased in January 2003. He said his decision was accepted by the Secretary for Justice, Ms Elsie Leung. She had, Mr Cross said, from the early stage of the case, delegated to him the task of deciding whether or not to prosecute Mr Leung. This was done in order to avoid any possible perception of bias because of her former working relationship with Mr Leung, Mr Cross stressed that, had the whole of the evidence afforded a reasonable prospect of conviction, it would have been in the public interest to prosecute Mr Leung. He said both leading counsel from the private Bar, Mr John Griffiths, SC, and Mr Martin Wilson, QC, concluded that when the totality of the evidence was examined a prosecution of Mr Leung for the offence of misconduct in public office could not be justified and that a reasonable prospect of securing a conviction in this case simply did not exist.
    [Show full text]
  • Report on the Procedure Governing the Admissibility of Confession Statements in Criminal Proceedings
    THE LAW REFORM COMMISSION OF HONG KONG REPORT ON THE PROCEDURE GOVERNING THE ADMISSIBILITY OF CONFESSION STATEMENTS IN CRIMINAL PROCEEDINGS This report can be found on the Internet at: http://www.info.gov.hk/hkreform Mr Peter K B Sit, Senior Government Counsel, was principally responsible for the writing of this Commission report. The Law Reform Commission was established by the Executive Council in January 1980 to consider such reforms of the laws of Hong Kong as may be referred to it by the Secretary for Justice or the Chief Justice. The members of the Commission at present are: The Hon Ms Elsie Leung Oi-sie, JP, Secretary for Justice (Chairman) The Hon Mr Justice Andrew Li, Chief Justice Mr Tony Yen, JP, Law Draftsman Mr Payson Cha, JP Mr Eric Cheung Mr Victor Chu Lap- lik Mr Alan Hoo, SC Mr Kwong Chi-kin Dr Lawrence Lai, JP The Hon Mrs Sophie Leung, JP Professor Felice Lieh Mak, JP The Hon Mr Justice Henry Litton, Permanent Judge of the Court of Final Appeal Mr David Smith Professor Raymond Wacks Mr Roderick B Woo, JP The Secretary of the Commission is Mr Stuart M I Stoker and its offices are at: 20/F Harcourt House 39 Gloucester Road Wanchai Hong Kong Telephone: 2528 0472 Fax: 2865 2902 E-mail: [email protected] Website: http://www.info.gov.hk/hkreform THE LAW REFORM COMMISSION OF HONG KONG Report on the Procedure Governing the Admissibility of Confession Statements in Criminal Proceedings ________________________________ CONTENTS Preface 1. A short history of the reference 2.
    [Show full text]
  • Hong Kong and China Practitioner Titles
    REUTERS/Bobby Yip SWEET & MAXWELL INTERNATIONAL CATALOGUE 2012 Dear Customer, We are very excited about the coming year and are pleased to present our 2012 Thomson Reuters Sweet & Maxwell International Catalogue for Hong Kong. This catalogue serves as a showcase of key services and products we know will help meet your legal needs throughout 2012. Westlaw HK continues to serve as the premier, online research service for legal professionals In Hong Kong. It now includes more essential content and works than ever. The Hong Kong Law Reports and Digest (HKLRD), The Hong Kong White Book, Chitty and the recent inclusion of Archbold Hong Kong firmly positions Westlaw HK as your legal partner for all your research needs. Our print products continue to be the “must-have” references in Hong Kong. The Hong Kong White Book and Archbold Hong Kong are the court accepted reference books for litigators. The addition of HKLRD Now to the Hong Kong Law Reports and Digest service highlights our abilities to respond to the pressure for real-time information. Growing from three titles at the beginning of 2011 to its current nine titles with more planned for 2012, the Hong Kong Law Library has quickly established itself as the premier legal reference library in Hong Kong REUTERS/David Gray becoming core works for every practitioner. And the China Law Library continues to develop, providing timely information for practitioners TBEHE EST L GAL MINDS HAVE specifically for China. Our Practitioner, Ordinances and Academic series set the standards in CONFIDENCE WHERE DO YOU GET YOURS? their practice areas and we look forward to bringing even more of these products to you throughout 2012.
    [Show full text]