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‘This has got to stop’: IBA questions legitimacy of China’s laws
The International Bar Association has become the next major legal group to condemn, question and caution China over its controversial national security laws, which recently saw the arrests of 55 people and a lawyer instrumental in 2019’s protest legal action.
Naomi Neilson
In response to January’s arrests of over 50 individuals – including politicians, students, scholars and lawyers – the International Bar Association (IBA) joined foreign ministers from across the world in condemning China’s national security laws for being in “direct suppression of freedoms” related to basic and international law governing Hong Kong.
“We call for the release of the three detainees and for the Chinese government to chart a new era of deep respect for freedom of expression, human rights and rule of law,” he said.
The 55 arrested included candidates from the primaries, prominent opposition figures, and well-known legal scholars and activists. This included Professor of Law Benny Tai who alleged he was forced out of Hong Kong’s university prior to his arrests. A lawyer was also arrested on suspicion of assisting 12 young people detained at sea.
District councillor and lawyer Daniel Wong Kwok-tung posted on social media that the officials had turned up to his house to conduct a search. Mr Wong is known for offering legal assistance to hundreds of activists who were arrested during the 2019 protests.
IBA executive director Dr Mark Ellis said these recent waves of arrests and the lack of a fair trial due process “demonstrates that the rule of law is being diligently eroded” by Hong Kong officials. IBA director Baroness Helena Kennedy QC agreed, adding Hong Kong’s assurances that the law would not be used like this have not been met.
“It has become clear just how untrue this was, and that its real intention is to undermine the rule of law and the rights of Hong Kong citizens,” said Baroness Kennedy, adding: “Not only are the authorities violating the right to peaceful assembly, but also the right of everyone to a fair trial, as well as the right of lawyers to carry out their duties.”
The IBA said it is concerned by the threat to revoke the practicing licences of solicitors Ren Quanniu and Lu Siwel who represented the activists arrested at sea. Mr Ren and Mr Lu were not allowed to meet with their clients and the trials took place behind closed doors with state-appointed lawyers in direct contravention of the accused rights.
“Denying Mr Ren and Mr Lu access to their clients violates Article 18 of the UN’s Basic Principles on the Role of Lawyers, which states ‘lawyers shall not be identified with the clients or clients’ causes’,” said Mr Ellis. “This infringement, coupled with intimidations and threats to revoke the licences of practicing lawyers carrying out their professional duties, is of great concern.
“The international community must hold the Chinese authorities to account for these encroachments of fundamental freedoms, call for the repeal of the National Security Law, and the return of respect for the legal profession and civil society in Hong Kong.”
In a statement released earlier this month, Australian Foreign Minister Marise Payne – along with counterparts in the UK, US and Canada – expressed “serious concerns” on the mass arrests and said it is clear that China’s laws are aiming to “eliminate dissent” and opposing political views.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
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