Published: 10:38, September 14, 2024 | Updated: 11:01, September 14, 2024
SAR govt opposes foreign interference in HK’s legal process
By Wang Zhan
This Aug 8, 2017, photo shows the Central Government Offices in Tamar, Hong Kong. (PHOTO / HKSAR GOVERNMENT)

HONG KONG – The Hong Kong Special Administrative Region government has strongly opposed the acts of an "international legal team" for Lai Chee-ying and his son Sebastian Lai, and those of Sebastian Lai himself, to smear the judicial system and the national security law of the city.

In a statement issued on Friday night, the SAR government also disapproved of their actions to abuse the United Nations mechanisms by soliciting the UN Special Rapporteur on Torture to interfere in the judicial proceedings of the NSL case of Lai Chee-ying, who is also known as Jimmy Lai.

“Hong Kong is a society underpinned by the rule of law and has always adhered to the principle that 'laws must be obeyed and lawbreakers be held accountable', which is well recognized by international communities,” said a government spokesman.

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The Department of Justice, by virtue of Article 63 of the Basic Law, controls criminal prosecution free from any interference. Independent prosecutorial decisions for each case are made in a rigorous and objective manner, strictly based on evidence and applicable laws and are in accordance with the Prosecution Code. Prosecutions would be instituted by the department only if there is sufficient admissible evidence to support a reasonable prospect of conviction, and if it is in the public interest to do so.

“Any attempt by any country, organization, or individual to interfere with the judicial proceedings in the HKSAR by means of political power, in order to procure a defendant's evasion of the criminal justice process, is a blatant act undermining the rule of law of Hong Kong and should be condemned.”

The suggestion that persons or organizations with certain backgrounds should be immune from legal sanctions for their illegal acts and activities is tantamount to granting such persons or organizations privileges to break the law and is totally contrary to the spirit of the rule of law, added the statement.

Pointing out that the NSL and the Safeguarding National Security Ordinance clearly stipulate that human rights shall be respected and protected in safeguarding national security, the spokesman said the rights and freedoms enjoyed by Hong Kong residents under the Basic Law and the provisions of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights as applied to Hong Kong are protected in accordance with the law.

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The SAR government also strongly rejected unreasonable smears by external forces regarding the treatment received by Lai Chee-ying in correctional institutions.

The Correctional Services Department is committed to ensuring the custodial environment is secure, safe, humane, appropriate and healthy, and has put in place an established mechanism to safeguard the rights of persons-in-custody, it said.

All correctional institutions are equipped with hospitals, staffed by qualified medical staff with the collaboration of doctors stationed by the Department of Health to provide 24-hour basic medical services, added the government.

If inmates require further examination and treatment, they will be referred to specialist medical staff or to public hospitals for further follow-up. In addition to basic medical services, the department will arrange regular physical examinations for elderly inmates, it said.

According to the law, every PIC needs to participate in physical exercise unless exempted by the medical officers on medical grounds. PICs will be arranged to exercise outdoors for not less than an hour every day. Each cell or dormitory is of adequate size and designed to ensure proper lighting, ventilation, and fittings essential for maintaining health.

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The statement also pointed out that the department adopts these arrangements while handling matters related to Lai Chee-ying, which is the same as other inmates.

“Any accusation concerning Lai Chee-ying not receiving appropriate treatment in prisons, including not having access to optimal medical services, cannot be further from the truth and is only spreading rumors to create trouble,” reads the statement.

The HKSAR government strongly deplores and will never tolerate any form of interference by anyone with the judicial proceedings of the HKSAR, it added.