The introduction of the so-called “Hong Kong Sanctions Act” to the US Congress by three US lawmakers last week has generated a tsunami of protest from the Hong Kong Special Administrative Region government, the Hong Kong Judiciary, the Liaison Office of the Central People’s Government in the HKSAR, the Hong Kong and Macao Affairs Office, the Law Association of Hong Kong, the Hong Kong Bar Association, political parties and many other organizations.
Some Hong Kong legislators have also voiced their strong objection to the proposed legislation. As a result of the provocative bill, relations between the China-bashers on Capitol Hill and the HKSAR government have become dangerously tense.
The bill urges the Biden administration to consider imposing sanctions on 49 Hong Kong officials, judges, and prosecutors for their involvement in enforcing the National Security Law for Hong Kong (NSL), including Secretary for Justice Paul Lam Ting-kwok, Commissioner of Police Raymond Siu Chak-yee, and Chief Justice Andrew Cheung Kui-nung. Rather than introducing better laws to promote the well-being of American society, these US politicians are hijacking the legislative process for their own ends.
At a time when geopolitical rivalry is occupying the minds of many American politicians, we should contextualize the proposed legislation against the backdrop of Sino-American competitive relations.
In May, in an attempt to vilify the NSL the US Congressional-Executive Committee on China (CECC) urged the US government to consider imposing sanctions on 29 judges who had handled national security cases. Not surprisingly, the CECC’s groundless accusations led to an outcry from the HKSAR government and many legal practitioners in Hong Kong.
The three China-bashers, Young Kim, John Curtis, and Jim McGovern, took it a step further and introduced the bill, the Hong Kong Sanctions Act, last week.
Although Kim is not a high-profile China-basher, she has expressed her displeasure with the recent meeting between President Xi Jinping and California Governor Gavin Newsom. The CECC is also a strong supporter of the latest move to intimidate Hong Kong officials. Senator Jeff Merkley, co-chair of the CECC, and Senator Dan Sullivan introduced companion legislation in the Senate.
Some China-bashers see China as a new incarnation of the former Soviet Union and insist that it must be contained at all costs. Their viewpoints have been at best prejudicial and seriously detrimental to the Sino-American relations. Like Merkley, Mike Gallagher, who is the Republican chairman of the new House Select Committee on the Strategic Competition between the US and the Communist Party of China, is notorious for his hostile remarks about China, in particular his alarmist theory that US efforts to re-engage with China would lead to America’s demise.
Suffering from “inattentional blindness”, these unscrupulous US politicians deliberately ignored the fact that judicial independence is deeply embedded in the fabric of Hong Kong’s judicial system
Suffering from “inattentional blindness”, these unscrupulous US politicians deliberately ignored the fact that judicial independence is deeply embedded in the fabric of Hong Kong’s judicial system. It makes no sense for Kim to accuse Beijing of exerting “control” on Hong Kong residents through the NSL. It is a gross travesty of justice that those US politicians have repeatedly exerted pressure on Hong Kong’s judiciary. Threatening to impose sanctions on judges for performing their duties amounts to intimidation.
The judiciary is often termed a “fragile bastion” as there are apprehensions that the impartiality and neutrality of the institution and the personal integrity of an individual judge may crumble owing to the outside influences and pressures it has to face (Sneha Mahawar, What is an Independent Judiciary, in iPleaders, Sept 10, 2022). Therefore, we cannot underestimate the dreadful impact of the intimidation against Hong Kong judges because Hong Kong’s international financial center status is sustained on the foundation of the rule of law and judicial independence.
In response to the proposed legislation, the Hong Kong judiciary reiterated that the judges and judicial officers in the city have no control over what cases are to be brought before them but once a case is brought before the court, it must be dealt with strictly in accordance with the law. The Hong Kong Bar Association issued its strong condemnation of any attempt to impose sanctions on judges, judicial officers and legal practitioners. It expressed confidence that Hong Kong’s judges “have always and will continue to operate independently and apolitically”.
We urge China-bashers on Capitol Hill to view Sino-American relations from a broader perspective. What has become increasingly clear is that many major global problems need solutions based on joint actions by both superpowers. They should bear in mind that Sino-American relations could easily go off the rails, in spite of the preliminary signs of detente. Stable Sino-American relations serve the national interests of the US.
Kurt Tong, a former US consul general to Hong Kong, said sanctioning judges could be considered controversial given the importance of judicial independence. As far as the serious effects of the bill are concerned, Tong and our Chinese Dream Think Tank are on the same page. We have nowhere to retreat when our judges are intimidated. Our think tank is of the view that the proposed legislation should not be passed. In order to stabilize Sino-American relations, both countries need to erect more guardrails and the China-bashers on Capitol Hill should desist from using Hong Kong as a punching bag.
Chrystie Lam Haa-iu is director of labor and welfare affairs, Chinese Dream Think Tank, and founder of the Coalition of Global Home Service Sustainable Development. Kacee Ting Wong is a barrister, part-time researcher of Shenzhen University Hong Kong and Macao Basic Law Research Center, and chairman of the Chinese Dream Think Tank.
The views do not necessarily reflect those of China Daily.
