Published: 11:26, April 5, 2023 | Updated: 11:26, April 5, 2023
HK’s legal system is not subject to Washington politicians’ dictates
By Adrian Ho

The Congressional-Executive Commission on China (CECC), a US government agency, recently called for sanctions to be imposed on those Hong Kong Special Administrative Region government lawyers who participated in the prosecution of 47 individuals involved in the “primary election” case. Rather than what they hypocritically claimed was an attempt to help uphold the rule of law in Hong Kong, the move was a political ploy intended to undermine Hong Kong’s judicial system.

Republican Christopher Smith, chair of the CECC, and Democrat Jeff Merkley, co-chair of the CECC, issued a joint statement pleading with US President Joe Biden to impose sanctions on those involved in the arrest and prosecution of the 47 defendants, claiming that this was necessary to safeguard Hong Kong’s rule of law. But it was actually a deliberate attempt to demoralize the city’s prosecutors.

These US politicians are trying to intimidate Hong Kong prosecutors and interfere with the city’s legal proceedings in an attempt to promote their anti-China agenda. This reckless behavior exemplified the hypocrisy and duplicity of those US politicians who employ double standards in interpreting the rule of law, and are attempting to impose their twisted interpretations of justice on another independent jurisdiction.

Ironically, the US is now attempting to compel Hong Kong lawyers to its jurisdiction. The US government has the authority to impose its legal system on its citizens. The same should be true for other countries or jurisdictions. What the US desires for itself should also be desired by others. Otherwise, it’s just blatant hypocrisy

“The intention and behavior of US politicians to openly trample on legal justice, interfere with the SAR’s judiciary, and attempt to intimidate SAR prosecutors fairly carrying out their duty with illegal one-sided sanctions should be condemned and despised,” said a spokesperson for the Commissioner’s Office of China’s Foreign Ministry in the Hong Kong SAR. Spot on!

It is worth noting that this was not the first incident in which US politicians displayed double standards in interpreting the rule of law. They had previously been accused of interfering with the judicial proceedings in other jurisdictions, challenging the sovereignty of other countries, and showing contempt for the international norm of nonintervention.

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In 2018, the US threatened to impose sanctions on the International Criminal Court (ICC) if it continued its investigation into alleged war crimes perpetrated by US forces in Afghanistan. This posed a menace to the ICC and was an attempt to influence international law in the direction of US interests. When the ICC proceeded with its investigations in 2020 into the alleged crimes of US forces in Afghanistan, Washington carried its threat into effect and imposed sanctions on the court’s judges. The then-US secretary of state, Mike Pompeo, lambasted the court for its “illegitimate attempts to compel Americans to its jurisdiction”.

Ironically, the US is now attempting to compel Hong Kong lawyers to its jurisdiction. The US government has the authority to impose its legal system on its citizens. The same should be true for other countries or jurisdictions. What the US desires for itself should also be desired by others. Otherwise, it’s just blatant hypocrisy.

The call for sanctions on the HKSAR government lawyers is obviously part of the US efforts to undermine China and contain its rise. The US has grown increasingly concerned about losing its hegemony as China progresses rapidly in socioeconomic development and building up national strength. The Belt and Road Initiative, which has been a thorn in the side of Washington, has been fruitful and is commemorating its 10th anniversary.

The Belt and Road Initiative, first announced in 2013, is a substantial initiative in which China has invested a trillion dollars in construction and investment projects in over 150 countries. As a result of this endeavor, China has gained influence and is perceived by US politicians as a threat to the US’ global dominance. From Africa to Central America, China is rapidly establishing itself as a significant player in international politics.

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Whatever the US calls its interference and meddling in Hong Kong’s judicial system, it is essentially nothing more than an attempt to contain China’s development. Instead of utilizing sanctions to exert international coercion, the US should respect other countries’ autonomy and legal systems. No country should ever attempt to impose its own definition of justice on another nation.

Upholding Hong Kong’s rule of law and judicial independence is the responsibility of the HKSAR government, as in other jurisdictions. Washington politicians’ latest attempt to interfere in Hong Kong’s legal system and undermine its judicial independence demonstrates their readiness to throw their weight around for their own gains, with total disregard for the resultant costs and consequences. The entire world ought to condemn such conduct. There are no legal or moral grounds for the US to interfere in the legal system of Hong Kong or elsewhere. The time has long passed for US politicians to honor international laws and principles they have long professed to support and embrace. They must also quit behaving hypocritically and respect other jurisdictions.


The author is a Legislative Council member and founder of Save HK.

The views do not necessarily reflect those of China Daily.