Latest news with #HongKongCourtofFinalAppeal
NZ Herald
12-05-2025
- Politics
- NZ Herald
Former Supreme Court judge Sir William Young refuses to engage ‘in debate' over controversial Hong Kong court role
He said the presence of 'esteemed overseas jurists' on the court was a 'manifestation of the independence of the judiciary' in Hong Kong. 'Their participation demonstrates a high degree of confidence in the Hong Kong SAR's judicial system, and enables Hong Kong to maintain strong links with other common law jurisdictions.' But Simon O'Connor, a former National MP who was a member of the Inter-Parliamentary Alliance on China during his time in Parliament, was critical of the system in Hong Kong. 'Since Hong Kong introduced its National Security law in 2020, its justice system has been completely compromised and now run at the whim of the Chinese Communist Party,' he told the Herald. 'It has arrested former MPs, democracy activists, and the likes of Jimmy Lai and Cardinal Joseph Zen. Justices from the UK and Australia have all left the court, wanting nothing to do with the sham that it is. ' O'Connor said Sir William moving on the court 'shows an appalling lack of judgment'. He said he was becoming part of a 'totalitarian system' and didn't believe it reflected well on New Zealand at any level. Sir William didn't directly answer questions the Herald presented to him, including what led him to wanting to join the court, whether he held any concerns about it, and if he believed the court and its rulings were independent. 'Over recent years, there has been much discussion about foreign judges sitting on the Hong Kong Court of Final Appeal,' he said. 'I would not accept appointment to that Court unless satisfied that it was proper for me to do so. Apart from that, I have nothing to say that has not already been said. This being so, I do not see any point in engaging in debate about my appointment.' Sir William served on the Supreme Court between 2010 and 2022, following four years as the president of New Zealand's Court of Appeal. He also briefly joined a Dubai court, before stepping down after just weeks due to mounting pressure from human rights campaigners. A statement from Chief Justice Andrew Cheung said the court currently has four non-permanent Hong Kong judges and five non-permanent judges from other overseas jurisdictions. 'The recommended appointment of Sir William Young to the Hong Kong Court of Final Appeal will increase the number of non-permanent judges from other common law jurisdictions from five to six. This will provide greater flexibility in dealing with the caseload of the Court of Final Appeal.' New Zealand's Ministry of Foreign Affairs and Trade says that autonomy provided to Hong Kong under the 'One Country, Two Systems' principle has been 'undermined' recently. 'Since China's imposition of the National Security Law in 2020 there has been a steady erosion of rights and freedoms in the city,' the MFAT website says. In 2020, Foreign Affairs Minister Winston Peters announced the suspension of New Zealand's extradition treaty with Hong Kong in light of China's decision to pass a national security law. That law criminalised anything viewed as secession at a time when there was heightened attention on the Hong Kong pro-democracy movement. It allowed extradition to the mainland and strengthened Beijing's role in the city. 'New Zealand can no longer trust that Hong Kong's criminal justice system is sufficiently independent from China. If China in future shows adherence to the 'one country, two systems' framework then we could reconsider this decision,' Peters said at the time. New Zealand's current travel advice to Hong Kong, last updated in December, says travellers should 'exercise increased caution'. It notes specifically that national security laws there could lead to the risk of 'arbitrary arrest and prosecution'. Several British judges have left the court in recent years. In 2022, the UK's Lord Reed resigned, saying that since Hong Kong's national security law had been introduced, judges' positions on the court had become 'increasingly finely balanced'. 'The courts in Hong Kong continue to be internationally respected for their commitment to the rule of law. 'Nevertheless, I have concluded, in agreement with the government, that the judges of the Supreme Court cannot continue to sit in Hong Kong without appearing to endorse an administration which has departed from values of political freedom, and freedom of expression, to which the Justices of the Supreme Court are deeply committed.' Last month, an Australian judge quit the court. Robert French said he still respected overseas judges in Hong Kong and rejected the view they are 'somehow complicit in the application by the executive of national security laws or somehow confer on them a spurious legitimacy'. However, he is also reported to have said the role of foreign judges 'has become increasingly anachronistic and arguably cosmetic'.
South China Morning Post
23-04-2025
- Business
- South China Morning Post
Sales of Chinese keepwell bonds to shrink after ‘epic, unproductive' court fight, S&P says
Sales of keepwell bonds by mainland Chinese companies are likely to shrink further after a court decision in Hong Kong failed to clarify the structural subordination risks plaguing investors holding US$62 billion worth of them in Asia's credit markets, according to S&P Global Ratings. Advertisement The Hong Kong Court of Final Appeal on March 19 published its ruling that three offshore issuers and guarantors of Peking University Founder Group (PUFG) – the business arm of China's elite university – were only entitled to 'nominal damages' after its units defaulted in 2020 on bonds totalling US$1.7 billion. 'While it awarded nominal damages to the plaintiff, investors' losses remain deep,' Chang Li, China country specialist for corporate ratings, said in a report on Tuesday. 'The PUFG case was an important test of the structure's ability to address offshore investors' subordination risk in a default. So far, it has come up short.' Keepwell bonds were popular with Chinese companies seeking to issue dollar-denominated bonds through their offshore entities before 2017, bypassing state currency regulators. In providing such deeds, the onshore parent pledged to keep the issuing vehicle solvent by at least US$1 to make good on all its obligations. The issuance fell to about US$7 billion in 2024 from about US$30 billion in 2017, S&P said, bringing the outstanding Chinese keepwell-backed bonds in the market to US$62 billion. Advertisement
The Independent
06-03-2025
- Politics
- The Independent
Hong Kong court overturns conviction of three former organisers of Tiananmen vigils
Hong Kong 's top court on Thursday overturned the conviction of three pro-democracy activists who had organised an annual vigil in remembrance of the 1989 Tiananmen Square crackdown. Chow Hang Tung, Tang Ngok Kwan, and Tsui Hon Kwong were convicted and sentenced to four and a half months in prison in 2023 for failing to comply with the police demand for data under the city's national security law. The trio had denied the allegations after Hong Kong authorities accused them of being 'foreign agents'. The trio – members of the disbanded Hong Kong Alliance in Support of Patriotic Democratic Movements of China – were arrested during Beijing 's crackdown on the city's pro-democracy movement. The alliance was long known for organising candlelight vigils in the city on the anniversary of the Chinese military's crushing of the 1989 pro-democracy protests in Beijing. But it voted to disband in 2021 under the shadow of a sweeping national security law imposed by China. Police had sought details about the group's operations and finances in connection with alleged links to pro-democracy groups overseas. But the group refused to cooperate, insisting it was not. Hong Kong was one of the few Chinese territories which commemorated the event until China imposed a new, stringent national security law in the wake of the pro-democracy protests, punishing acts of subversion, terrorism and collusion with foreign forces. Critics said the shutdown and the case showed that the former British colony's Western-style civil liberties were shrinking despite promises they would be kept intact. Judges at the Hong Kong Court of Final Appeal on Thursday unanimously ruled in the trio's favour, adding that the lower courts 'fell into error' in holding that it was sufficient merely that the police commissioner said he had reasonable grounds to believe the alliance was a foreign agent. In a lower court trial, the appellants also took issue with crucial details that were redacted, including the names of groups that were alleged to have links with the alliance. The judges ruled that by redacting the only potential evidential basis for establishing that the alliance was a foreign agent, the prosecution disabled itself from proving its case. 'Non-disclosure of the redacted facts in any event deprived the appellants of a fair trial,' they wrote. The trio have completed their prison terms under this case, however, Ms Chow is still behind bars awaiting a separate subversion case where she faces life in prison. Mr Tang told reporters outside the court that he hoped the ruling proved that the alliance was not a foreign agent and that in the future they could prove that the 1989 movement was not a counter-revolutionary riot. 'Justice lives in people's hearts. Regardless of the outcome, everyone knows the truth in their hearts,' he said. Ms Chow raised a victory sign as she was led away by corrections officers, while supporters clapped and congratulated her. During an earlier hearing at the top court in January, Ms Chow, who represented herself, said her case highlighted what a police state is. 'A police state is created by the complicity of the court in endorsing such abuses. This kind of complicity must stop now," she said. Since the security law was introduced in 2020, several non-permanent overseas judges have quit the top court, raising questions over confidence in the city's judicial system. In 2024, Jonathan Sumption quit his position and said the rule of law was profoundly compromised. But chief justice Andrew Cheung in January said the judges' premature departures did not mean the judiciary's independence was weakening. The annual vigil at Hong Kong's Victoria Park was the only large-scale public commemoration of the June 4 crackdown on Chinese soil for decades. Thousands attended it annually until authorities banned it in 2020, citing anti-pandemic measures. After Covid -19 restrictions were lifted, the park was occupied instead by a carnival organised by pro-Beijing groups. Those who tried to commemorate the event near the site were detained. Ms Chow and two other former alliance leaders, Lee Cheuk-yan and Albert Ho, were charged with subversion in a separate case under the security law. In a separate ruling on Thursday, judges at the top court dismissed jailed pro-democracy activist Tam Tak-chi's bid to overturn his sedition convictions in a landmark case brought under a colonial-era law that was used to crush dissent. Tam Tak-chi was the first person tried under the sedition law since the 1997 handover and was found guilty of 11 charges in 2022, including seven counts of 'uttering seditious words'. The activist argued that prosecutors needed to prove he intended to incite violence. The city authorities last year revamped the offence so it explicitly states that people can be convicted of sedition even if no intent to incite violence.
NBC News
06-03-2025
- Politics
- NBC News
Top Hong Kong court overturns convictions of 3 former organizers of Tiananmen vigils
HONG KONG — Hong Kong 's top court on Thursday overturned the convictions of three former organizers of an annual vigil in remembrance of the 1989 Tiananmen Square crackdown over their refusal to provide information to police, marking a rare victory for the Chinese territory's pro-democracy activists. Chow Hang-tung, Tang Ngok-kwan and Tsui Hon-kwong — core members of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China — were convicted in 2023 during Beijing's crackdown on the city's pro-democracy movement. They received a sentence of 4 1/2 months and have already served their terms. The alliance was long known for organizing candlelight vigils in the city on the anniversary of the Chinese military's crushing of the 1989 pro-democracy protests in Beijing. But it voted to disband in 2021 under the shadow of a sweeping national security law imposed by China. Critics said the shutdown and the case showed that the city's Western-style civil liberties were shrinking despite promises they would be kept intact when the former British colony returned to Chinese rule in 1997. Before the group dissolved, police had sought details about its operations and finances in connection with alleged links to pro-democracy groups overseas, accusing it of being a foreign agent. But the group refused to cooperate, insisting it was not. On Thursday, judges at the Hong Kong Court of Final Appeal unanimously ruled in the trio's favor. Chief Justice Andrew Cheung announced the decision in court. The prosecution needed to prove that the alliance was a foreign agent, the judges wrote, adding that the lower courts 'fell into error' in holding that it was sufficient merely that the police commissioner said he had reasonable grounds to believe the alliance was a foreign agent. In a lower court trial, the appellants also took issue with crucial details that were redacted, including the names of groups that were alleged to have links with the alliance. The judges ruled that by redacting the only potential evidential basis for establishing that the alliance was a foreign agent, the prosecution disabled itself from proving its case. 'Non–disclosure of the redacted facts in any event deprived the appellants of a fair trial,' they wrote. After the ruling, Tang told reporters outside the court that he hoped the top court's ruling proved that the alliance was not a foreign agent and that in the future they could prove that the 1989 movement was not a counter-revolutionary riot. 'Justice lives in people's hearts. Regardless of the outcome, everyone knows the truth in their hearts,' he said. During an earlier hearing at the top court in January, Chow, who represented herself, said her case highlighted what a police state is. 'A police state is created by the complicity of the court in endorsing such abuses. This kind of complicity must stop now,' she said. Since the security law was introduced in 2020, several non-permanent overseas judges have quit the top court, raising questions over confidence in the city's judicial system. In 2024, Jonathan Sumption quit his position and said the rule of law was profoundly compromised. But Cheung in January said the judges' premature departures did not mean the judiciary's independence was weakening. The annual vigil at Hong Kong's Victoria Park was the only large-scale public commemoration of the June 4 crackdown on Chinese soil for decades. Thousands attended it annually until authorities banned it in 2020, citing anti-pandemic measures. After Covid-19 restrictions were lifted, the park was occupied instead by a carnival organized by pro-Beijing groups. Those who tried to commemorate the event near the site were detained. Chow and two other former alliance leaders, Lee Cheuk-yan and Albert Ho, were charged with subversion in a separate case under the security law. They remain in custody, awaiting the beginning of their trial. In a separate ruling on Thursday, judges at the top court dismissed jailed pro-democracy activist Tam Tak-chi's bid to overturn his sedition convictions in a landmark case brought under a colonial-era law that was used to crush dissent. Tam was the first person tried under the sedition law since the 1997 handover and was found guilty of 11 charges in 2022, including seven counts of 'uttering seditious words.' The colonial-era law was repealed last year after the government introduced a new, homegrown security law that it said was necessary for stability. Critics worry the law will further curtail freedoms.
The Independent
06-03-2025
- Politics
- The Independent
Top Hong Kong court overturns convictions of 3 former organizers of Tiananmen vigils
Three former organizers of Hong Kong 's annual vigil in remembrance of the 1989 Tiananmen Square crackdown won their bid at the top court on Thursday to overturn their conviction over their refusal to provide information to police, marking a rare victory for the city's pro-democracy activists. Chow Hang-tung, Tang Ngok-kwan and Tsui Hon-kwong — core members of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China — were convicted in 2023 during Beijing 's crackdown on the city's pro-democracy movement. They received a sentence of 4 1/2 months and have already served their terms. The alliance was long known for organizing candlelight vigils in the city on the anniversary of the Chinese military's crushing of the 1989 pro-democracy protests in Beijing. But it voted to disband in 2021 under the shadow of a sweeping national security law imposed by China. Critics said the shutdown and the case showed that the city's Western-style civil liberties were shrinking despite promises they would be kept intact when the former British colony returned to Chinese rule in 1997. Before the group dissolved, police had sought details about its operations and finances in connection with alleged links to pro-democracy groups overseas, accusing it of being a foreign agent. But the group refused to cooperate, insisting it was not. On Thursday, judges at the Hong Kong Court of Final Appeal unanimously ruled in the trio's favor. Chief Justice Andrew Cheung announced the decision in court. The prosecution needed to prove that the alliance was a foreign agent, the judges wrote, adding that the lower courts 'fell into error' in holding that it was sufficient merely that the police commissioner said he had reasonable grounds to believe the alliance was a foreign agent. In a lower court trial, the appellants also took issue with crucial details that were redacted, including the names of groups that were alleged to have links with the alliance. The judges ruled that by redacting the only potential evidential basis for establishing that the alliance was a foreign agent, the prosecution disabled itself from proving its case. 'Non–disclosure of the redacted facts in any event deprived the appellants of a fair trial,' they wrote. After the ruling, Tang told reporters outside the court that he hoped the top court's ruling proved that the alliance was not a foreign agent and that in the future they could prove that the 1989 movement was not a counter-revolutionary riot. 'Justice lives in people's hearts. Regardless of the outcome, everyone knows the truth in their hearts,' he said. During an earlier hearing at the top court in January, Chow, who represented herself, said her case highlighted what a police state is. 'A police state is created by the complicity of the court in endorsing such abuses. This kind of complicity must stop now," she said. Since the security law was introduced in 2020, several non-permanent overseas judges have quit the top court, raising questions over confidence in the city's judicial system. In 2024, Jonathan Sumption quit his position and said the rule of law was profoundly compromised. But Cheung in January said the judges' premature departures did not mean the judiciary's independence was weakening. The annual vigil at Hong Kong's Victoria Park was the only large-scale public commemoration of the June 4 crackdown on Chinese soil for decades. Thousands attended it annually until authorities banned it in 2020, citing anti-pandemic measures. After COVID-19 restrictions were lifted, the park was occupied instead by a carnival organized by pro-Beijing groups. Those who tried to commemorate the event near the site were detained. Chow and two other former alliance leaders, Lee Cheuk-yan and Albert Ho, were charged with subversion in a separate case under the security law. They remain in custody, awaiting the beginning of their trial. In a separate ruling on Thursday, judges at the top court dismissed jailed pro-democracy activist Tam Tak-chi's bid to overturn his sedition convictions in a landmark case brought under a colonial-era law that was used to crush dissent. Tam Tak-chi was the first person tried under the sedition law since the 1997 handover and was found guilty of 11 charges in 2022, including seven counts of 'uttering seditious words.' The colonial-era law was repealed last year after the government introduced a new, home-grown security law that it said was necessary for stability. Critics worry the law will further curtail freedoms.
