IPAC condemns serious legal failings in Jimmy Lai case

FOR IMMEDIATE RELEASE:  

HONG KONG AUTHORITIES FAIL TO ADMIT EVIDENCE OF ACCUSED GLOBAL LAWMAKERS; ‘SHAM’ TRIAL OF JIMMY LAI CONDEMNED

Today a group of lawmakers have written to the Hong Kong Department of Justice (DoJ) to condemn their failure to admit relevant evidence in the National Security Law trial of Jimmy Lai.

The lawmakers, which includes 17 politicians labelled ‘conspirators’ and ‘foreign forces’ by prosecutors, accused the DoJ of serious legal failings.

“Our names were mentioned in the case hundreds of times. Our emails, speeches and online content have been played for hours in your courtrooms….Yet nobody in Hong Kong has approached any of us for a statement or evidence. Not once.”

They continued:

“In any normal rule of law system, this would represent a serious failure in both the investigative and judicial processes.”

The signatories, which include former Canadian Attorney General Hon. Irwin Cotler, and leading human rights lawyer and Labour peer Baroness Helena Kennedy QC, stated that the failure to admit relevant and probative evidence

“…would, in ordinary circumstances, precipitate a mis-trial”.

The letter concludes:

“As such you have exposed to the world that you do not care about the truth; that your legal system has become a tool of the state; that you are willing to forgo essential and non-negotiable principles of law when it is politically advantageous; and that you are prepared to ignore evidence you suspect to be inconvenient.”

ENDS

‍NOTES:

• The lawmakers have launched a social media campaign to raise awareness. Instagram & X
• Full letter with signatories is below.
• The Inter-Parliamentary Alliance on China (IPAC) is a cross-party group of lawmakers working to confront challenges posed by the contemporary Chinese Communist Party. The network has around 250 members in 35 legislatures.
• IPAC wrote to the DoJ on 24 May with a formal offer to submit evidence, following reports that the group, and individuals associated with it were crucial to charges against Hong Kong businessman Jimmy Lai.
• For comment: Chung Ching Kwong, exiled activist and IPAC Hong Kong lead: chungching@ipac.global

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The Department of Justice
Government of the  Hong Kong Special Administrative Region
G/F, Main Wing, Justice Place,18 Lower Albert Road
Central, Hong Kong

14 June 2024

Re: Request to Testify as a Fact Witness in HKSAR v. LAI Chi Ying  (HCCC51/2022)

Dear Hong Kong Department of Justice,

We, 17 politicians from 9 countries, wrote to you on 24 May offering to give evidence in the trial of Jimmy Lai.

Our names were mentioned in the case hundreds of times. Our emails, speeches and online content have been played for hours in your courtrooms. Mr Lai’s prosecutors have labelled us “conspirators” and “foreign forces”, claiming that Mr. Lai was somehow behind our parliamentary criticism of Beijing.

It is clear that Mr. Lai’s alleged involvement with us, members of the Inter-Parliamentary Alliance on China, is key to the case against him.

Yet nobody in Hong Kong has approached any of us for a statement or evidence. Not once.

In any normal rule of law system, this would represent a serious failure in both the investigative and judicial processes. Mr. Lai is alleged to have committed serious offences. The failure to approach us - who the prosecution alleges to be witnesses and accomplices in Mr. Lai’s so called crimes - is an appalling omission that in ordinary circumstances would precipitate a mis-trial.

We wrote to you not once, but twice to make clear that we would be willing to provide evidence. Despite there being no legal reason for doing so, you have refused this opportunity.

As such you have exposed to the world that you do not care about the truth; that your legal system has become a tool of the state; that you are willing to forgo essential and non-negotiable principles of law when it is politically advantageous; and that you are prepared to ignore evidence you suspect to be inconvenient.

Legislator members of the The Inter-Parliamentary Alliance on China, past and present, 17 of which have been named repeatedly in the case,

The Rt Hon. Baroness Kennedy of The Shaws LT, KC, FRSA, HonFRSE, Member of the Joint Committee on Human Rights, and Director of the International Bar Association Human Rights Institute, United Kingdom.

Hon. Professor Irwin Cotler PC OC OQ,  Ad. E. Former Attorney General, former Minister of Justice, founder and international chair of the Raoul Wallenberg Centre for Human Rights, an Emeritus Professor of Law at McGill University, , Canada

The Rt Hon Sir Iain Duncan Smith MP, former leader of the Conservative Party, former Secretary of State for Work and Pensions, Chair of the Social Justice Policy Group, United Kingdom

His Excellency Rep.  Gen Nakatani, former Defence Minister and Human Rights Special Advisor to the Prime Minister, former Director-General of the Japan Defense Agency , Japan

Hon. Bob Seely MP MBE, Member of the Foreign Affairs Committee, former Parliamentary Private Secretary to the Department for Environment, Food and Rural Affair, United Kingdom

Miriam Lexmann MEP, Honorary Fellow of GCRF Compass Project at the University of Kent,  Honorary Fellow  of Warwick Institute for Global Sustainable Development,  European Union,  Slovakia

Reinhard Bütikofer MEP, Chair, Delegation for Relations with China, former Co-Chair of   Alliance 90/The Greens and  European Green Party, Member of European Council on Foreign Relations, European Union, Germany

Senator Pavel Fischer, Légion d’honneur , the Ordre de Saint Charles, the Ordre de Mérite, Chairman of the Committee on Foreign Affairs, former Czech Ambassador to France, Czechia

Professor Rt Hon the Lord Alton of Liverpool, KCSG, KCMCO,  Member of the Joint Committee on Human Rights, United Kingdom

Hon. Garnett Genuis MP, Vice-Chair, Committee on Foreign Relations and International Development, Canada

Hon. Sarah Champion MP, Chair, International Development Select Committee, United Kingdom

Mantas Adomènas Ph.D,  former Foreign Minister, Lithuania

Fabian Molina MP, Switzerland

Shiori Kanno, former member of the House of Representatives, Japan

Her Excellency Louisa Wall, former Member of Parliament, New Zealand

Simon O’Connor, former Member of Parliament, New Zealand

André Gattolin, former Senator, Chevalier de la Légion d'honneur, France

Dovilė Šakalienė MP, Member of National Security & Defence Committee,  Vice President, Social Democratic Party, Lithuania

Mykola Kniazhytskyi MP,  Head of the Committee on Culture and Spirituality, Co-Head of group for interparliamentary relations with the Republic of Poland, and head of EU-Ukraine Parliamentary Association Committee, Ukraine

Oleksandr Merezhko MP, Chair of the Foreign Affairs Committee, Ukraine

Adi Kalem MP, Bosnia and Herzegovina

Senator Gustavo Leite , Chair of the Foreign Relations Committee, former Minister of Industry and Commerce, Paraguay

Dr. Sanela Klarić MP,  Chairwoman of the Green Council Bosnia-Herzegovina, Associated Prof. Dr on International BURCH University, Bosnia and Herzegovina

Ingrid Leary MP, New Zealand

Žygimantas Pavilionis MP,  Chairperson of the Committee on Foreign Affairs, Lithuania

Michael Brand MdB, Speaker for human rights of the CDU/CSU, Germany

Joar Forssell MP, Sitting Member on the Committee on Foreign Affairs, Sweden

Guri Melby MP, former Minister of Education and Integration, Second Vice Chair of the Foreign Affairs and Defence Committee, Norway

Senator Olivier Cadic, Vice-President of the Foreign Affairs, Defence, and Armed Forces Committee, France

Morten Messerschmidt MP, Leader of the Danish People’s Party, former MEP, Denmark

Senator Barry Ward, Spokesperson on Justice of Fine Gael, Ireland

Councillor Yasue Funayama,  Lead Deputy Representative of the Democratic Party for the People and Vice-Chair of the Japan Non-Partisan Parliamentary Association for Reconsidering Human Rights Diplomacy, Japan

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