Jerome Cohen 孔傑榮(柯恩) Profile picture
May 24, 2020 9 tweets 2 min read Read on X
THREAD. @NPC_Observer's analysis below highlights the serious legal challenges that the draft Decision presents to a conventional interpretation of the #BasicLaw & also the anticipated rationalizations for overcoming them, at least to the satisfaction of pro-Beijing advocates.1/n
It concludes, as I did in my blog below, that, given the structure of the PRC constitutional/legal system & the provisions of the Basic Law, the NPC Standing Committee has the power to say that the law is whatever it wishes it to be. 2/n
jeromecohen.net/jerrys-blog/na…
So much for PRC domestic law including its reign over Hong Kong. 3/n
This doesn't relieve the central gov't of charges that the Decision & the legislation will violate the PRC’s obligations under the 1984 UK-PRC Joint Declaration on HK, incl. its pledge that HK will continue to be protected by the Int'l Covenant on Civil & Political Rights...4/n
...until the Joint Declaration expires in 2047. Nor does it free Beijing from charges that the Decision and legislation may result in violations of the PRC’s broader international human rights obligations. 5/n
Various pro-Beijing HK political figures have recently spoken out with ostensible knowledge of the contemplated legislation, as has the Politburo leader responsible for HK affairs, offering assurances that... 6/n
...the contemplated legislation will be surgically applied to affect only its supposedly circumscribed targets, allegedly only a small group. 7/n
Apparently to provide assurance that the agents of the Ministry of National Security & the Ministry of Public Security who will now be authorized to openly operate in HK will not run amok and usurp the role of the HK police, it has been suggested that the HK government... 8/n
...may revive the Special Branch unit of the local police that was abolished before the 1997 Handover by the UK to the PRC.

Jaded observers will take such assurances for what they are worth. 9/9

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More from @jeromeacohen

Feb 17
Navalny's death, like the previous years of his life, illustrates the differences that still exist between the PRC’s currently totalitarian criminal justice system and Russia’s authoritarian counterpart. Can you imagine the PRC giving noted political prisoners...1/4
...the continuing access that Navalny had to public opinion via various direct and indirect methods? What has happened to the outspoken public lawyer Gao Zhisheng, “disappeared” many years ago? We know what has finally happened to Xu Zhiyong and some of his...2/4
...public interest lawyer colleagues now serving long criminal sentences after extended pre-trial detention, but we do not hear from them. Of course, the PRC no longer pretends to have even Russian-style “free elections” that...3/4
Read 4 tweets
Jan 13, 2022
Here is an invaluable and moving critique of the injustice being daily imposed on so many worthy people in Hong Kong. It is more than a critique, since it offers a practical course for action and a persuasive stimulus for Hong Kong judges, especially...1/n
samuelbickett.substack.com/p/the-court-of…
...those in the Court of Final Appeal who have the power to end this tragic fiasco, to follow this course. I hope that everyone, including the non-permanent foreign judges who decorate the CFA by their presence, will read Mr. Bickett’s quietly brilliant and brave essay. 2/n
His new, lonely and noble career, born of bitter experience, deserves the broadest public support, including financial support as well as respect. Although I have never met him and only recently learned of his work, it is comforting in parlous times to know that some...3/4
Read 4 tweets
Nov 4, 2021
Yesterday, when the first report of Ms. Peng’s accusation surfaced, I was tempted to offer a comment. But, I decided to hold off pending further developments. Today there is a helpful @WSJ story elaborating on Ms. Peng’s startling charge. 1/n
wsj.com/articles/chine…
This certainly seems an important topic for consideration. Why did Ms. Peng choose to publicize her relationship with retired leader Zhang at this time? Why did she make the peculiar statement that she could not offer evidence to sustain the charge? What might she have...2/n
...hoped to accomplish, esp. when she pointed out that, despite Zhang’s alleged coercion, she continued to “see” him, apparently on a consensual basis in some situations? As a legal, indeed criminal, matter, it will be interesting to learn how this sensational allegation...3/4
Read 4 tweets
Nov 4, 2021
Here is the inevitable sad report about the expected demise of the wonderful Ms. Zhang Zhan. In earlier posts I raised the question of whether self-sacrifice of this ultimate kind in the cause of human rights is the best way to promote the cause. 1/n
defendlawyers.wordpress.com/2021/11/04/jou…
She might have contributed another half century of determined, imaginative talent to a country that desperately needs people of her caliber, courage, and ideology. Decades ago, when South Korea was still deep in the struggle for human rights against an...2/n
...oppressive dictatorship, I was asked by concerned colleagues of the democratic leader Kim Young-Sam, who was weakened and hospitalized as a result of a serious hunger strike protest, to call him in an effort to help persuade him to halt the strike and live for the future. 3/n
Read 5 tweets
Dec 26, 2020
Here's Josh Rogin’s important op-ed on recent Tibet developments. Amid holiday diversions and other China-related events, I missed its publication. It demonstrates how futile it is with the current Xi Jinping government to talk of “compromises” that...1/n
washingtonpost.com/opinions/globa…
...might grant Tibetans meaningful autonomy. Having failed to control Tibet over the past six decades by sending millions of Han people there to run it, the Party is now expanding its efforts by removing Tibetans from their homelands and forcibly scattering them among...2/n
...Han domains after preparing them for exile in “re-education” detention camps that may make remote release look like relative freedom. Lobsang Sangay, whom I have known slightly since his early years as a visiting scholar at Harvard Law School, is an able, credible...3/n
Read 5 tweets
Nov 11, 2020
Today’s events take the veil off the charade for all to see. The NPCSC is increasingly exercising direct “comprehensive control” over Hong Kong. At its two previous sessions it declined the opportunity to take direct action...1/n
scmp.com/news/hong-kong…
...against the four LegCo members, leaving it to the HKG to handle the matter. Apparently there was some resistance. So now the NPCSC, again using its exceptional secretly-prepared Blitzkreig attack, has ordered the HKG to act and the HKG has immediately fallen...2/n
...into public line. By using this tactic, the Xi Jinping regime precludes the possibility of any meaningful attempt by HK’s democracy supporters to challenge this latest outrage in the courts. So much for the pro-Beijing supporters’ endless assurances that the HK courts...3/5
Read 5 tweets

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