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Eric Yan-ho Lai 黎恩灝 Profile picture
@laiyanhoeric
Apr 24 • 8 tweets • 5 min read Twitter logo Read on Twitter
1/BREAKING: #UN Special Rapporteur on the independence of judges and lawyers sent a communication letter to the #PRC Government on #HK's #NSL, legal aid and law reforms affecting local & overseas #lawyers. Images are extracts. Full text: spcommreports.ohchr.org/TMResultsBase/… ImageImageImage
2/ This letter of communication covers issues of human rights protections, judicial independence, fair trial under the NSL, as well as police powers, legal aid reforms, new cap of judicial review, foreign counsel and the latest government proposed bill of the Legal Practitioners… twitter.com/i/web/status/1…
3/ Impressive quotes can be found: 'Many of the provisions in the NSL seem to be at odds with your Excellency’s Government international legal obligations, in particular as set out in the ICCPR and customary law norms recognized in the UDHR.'
4/ 'National security is not a term of art, nor does the use of this phrase as a legislative matter give absolute discretion to the State. Rather, when national security
functions as a legal basis for criminal sanction it must, to meet the requirements of precision and clarity… twitter.com/i/web/status/1…
5/ The Rapporteur finally asks the authorities to provide information in response to her analysis, including the compliance of the ICCPR, the UDHR, and the Basic Principles on the Role of Lawyers. @UNHumanRights @SRjudgeslawyers
6/ The recommendations are summarised below:
1, review and reconsideration of the (NSL) to ensure that the law is in compliance with China’s international human rights obligations with respect to the HKSAR
2, improving access to legal aid in HKSAR;
3, reviewing the proposed… twitter.com/i/web/status/1…
7/ This letter is unprecedentedly important to Hong Kong's rule of law and judicial independence as .it serves as a clear, comprehensive and sharp review of the national security eco-system, not just the statue of the NSL, that affect legal professionals both in HK and overseas.
8/ Further details and opinions of the HK govt proposal on relevant law reforms can be found in my recent article in the Diplomat: thediplomat.com/2023/03/hong-k…

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More from @laiyanhoeric

Eric Yan-ho Lai 黎恩灝 Profile picture
Dec 30, 2022
1/ Beijing's interpretation of #HK's #NSL (articles 14 and 47) fully empowers the Committee for Safeguarding National Security to override judicial decisions in the future, if local courts fail to obtain certificates from the Chief Executive in light of national security matters.
2/ Theoretically, the NSL interpretation today creates a de facto Prerogative State like what Germany had in the 1930s, when national security authorities enjoys privileges to adjudicate political trials whereas local courts operated in parallel to handle other disputes.
3/ The NSL interpretation solves whether overseas lawyers (without full qualification in HK) could defend NSL cases. This does not only lie in criminal cases but also civil matters. Now, the National Security Committee can trump all judicial decisions: info.gov.hk/gia/general/20…
Read 5 tweets
Eric Yan-ho Lai 黎恩灝 Profile picture
Jul 27, 2022
5 key takeaways from the UNHRCom’s first Concluding Observations on Hong Kong re ICCPR since the NSL was enacted. Link to the COs today: tbinternet.ohchr.org/Treaties/CCPR/… (1/x)
1/ the CO stresses that anyone or NGO engaging in the UN human rights bodies must not be criminalised or at risk of reprisals (para 50), whereas the HKG refused to warrant free participation of individuals and groups in UN mechanisms in the hearings.@UNHumanRights (2/x)
Civil society organisations, espy trade unions and human rights groups engaging in the UN mechanisms and global community must not be read as colluding with foreign forces.  (3/x)
Read 11 tweets
Eric Yan-ho Lai 黎恩灝 Profile picture
May 4, 2022
1/Strongly recommend everyone to read the transcript of @UKSupremeCourt Lord Reed's comment on his resignation from HK's Court of Final Appeal. Powerful and humble response to the legal compradors in #HK: committees.parliament.uk/oralevidence/1…
2/some quotes: "The courts themselves were continuing to operate in accordance with rule of law values, although they were under pressure. It has to be said that one cannot completely divorce what was going on in the courts from what was going on outside the courts"
3/"One was the use of powers conferred by the (NSL) to close down businesses and seize property.The other was the arrest of people on charges of having violated either the national security law or laws passed during the period of British rule concerned with sedition,for example."
Read 7 tweets
Eric Yan-ho Lai 黎恩灝 Profile picture
Dec 17, 2021
10 Things You Need to Know about the 2021 #LegislativeCouncil #Elections in #HongKong

1/ Candidates are Chosen by the Authorities: All candidates were approved by the state-led Candidate Eligibility Review Committee on the basis of reports by national security police… Image
2/ Dozens of former election candidates are captured in pre-trial detention: Let’s not forget that this election should have been held last year, after the citywide pro-democracy’s primary election with more than 610,000 citizens casting ballots…
(Cont’) The government then postponed the election, and arrested 55 of the participants in that primary election, which was perceived as a subversive act by Beijing. Among the arrestees, 47 of them are charged with subversion, and only 14 of the defendants were granted bail…
Read 15 tweets
Eric Yan-ho Lai 黎恩灝 Profile picture
Oct 25, 2021
1/ Here is my observations on HKSAR v Ma Chun Man (2021), which has a Chinese verdict and an English Press Summary for now: legalref.judiciary.hk/lrs/common/ju/… (20 tweets,beware!)
2/x The reasons for verdict have 84 paragraphs, and only 4 of them discuss the court’s view on human rights jurisprudence. Sadly, they are insufficient, incoherent and not up to international standard. (See para.46-47, 64-65) #HK #NSL …
3/x in para.46, The verdict cited the Jimmy Lai case at the CFA (FACC1/2021) to state article 4 of the NSL safeguards basic rights and freedoms according to Hong Kong law…
Read 20 tweets
Eric Yan-ho Lai 黎恩灝 Profile picture
Oct 24, 2021
The verdict of HKSAR v Ma Chun Man, aka the 2nd #NationalSecurityLaw trial in #Hongkong,is expected to be given today. Ma’s case is indeed the 1st #NSL case that involves solely #SpeechCrime of incitement & that the defendant at first brought #humanrights arguments to the court.
A brief overview of his case can be found at @hkfp hongkongfp.com/2021/09/30/def…
We will soon know whether the court will appreciate human rights jurisprudence that complies with international and comparative human rights law in its verdict, and follow the 1st NSL verdict that dismissed the critical review of the safeguarding human rights in NSL context.
Read 6 tweets

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