ARTICLES & PUBLICATIONS
January 23, 2018
Rimsky Yuen, Hong Kong’s third Secretary for Justice, stepped down in early January. He leaves his department, and the city’s reputation for rule of law, markedly worse than they were when he took office in July 2012.
According to the Department of Justice’s website, the Secretary for Justice’s role is to act as “guardian of the public interest in a wider sense.” Yet Yuen’s tenure has been marked by attempts to wield the law against political opponents, a refusal to defend the courts from unfair and racially-charged criticism or Beijing’s attempts to strip them of their power, and a steady attack on the foundations of Hong Kong’s constitutional order. Far from fulfilling his constitutional duty to speak up for the rule of law in Hong Kong, he has been a willing collaborator in Beijing’s sustained campaign to undermine it.
The inﬂuence of Chinese public opinion on individual criminal case decisions is a phenomenon that has received a great deal of attention in China and around the world. Some commentators have lauded the phenomenon as empowering the public to seek justice in Chinese courts. Others have expressed concern that following public opinion may achieve justice in an individual case but does little to improve the justice system.
China’s Belt and Road Initiative is a $1 trillion plan to deepen economic relations between itself and up to 60 other countries worldwide through large investments in infrastructure, construction, and other projects. Many commentators have considered the significance of Belt and Road from a political, economic, or even environmental perspective. This discussion, conceived and led by Aaron Halegua, considers a largely neglected topic: what are the initiative’s implications for labor in China and the target countries?
As President Donald Trump visits China, the Chinese government wishes that billionaire fugitive Guo Wengui would follow suit and board a plane to Beijing. For months, he has regaled the world from his luxury apartment in Manhattan with stories of high-level corruption among China’s elite. Untangling the truth of Guo’s claims is complex, but what the Chinese government wants is simple: to have some of its citizens, especially Guo, returned to China to face a long list of criminal and civil charges.
In May 2014, a man stabbed four people to death and injured dozens on a Taipei train. He was executed on 10 May 2016 — 10 days before President Tsai Ing-wen assumed office. The pace of executions in Taiwan has waxed and waned over recent decades — after a nearly five-year pause in executions, 33 people were executed between 2010 and 2016. Today, the death penalty remains legal, popular and contentious.
The gulf between legal systems across the Taiwan Strait is far wider than a hundred miles. Last month, Lee Ming-che — a Taiwanese citizen and human-rights activist — pleaded guilty to subversion charges in China for peacefully expressing political opinions. Today he remains in custody awaiting a decision on his punishment. Lee’s case has heightened already strained cross-strait relations. It has also laid bare the increasing divergence between China and Taiwan with respect to protecting human rights.
‘In China, we say that for a person meditating in a cave, a day passes as though it were a thousand years; it is like paradise. And where did I experience paradise? In there in the detention centre, being tortured. A day was like a thousand years. That’s how it felt. The disturbingly aged and altered face of the human rights lawyer sharing this observation gave me a sense of what he had been through during his most recent detention, and what colleagues who remained ‘in there,’ including Jiang Tianyong and Wang Quanzhang, might still be suffering.
Last Saturday, the window closed for comments on the draft PRC Detention Center Law. The Ministry of Public Security touts the draft law’s ability to protect human rights (人权保障), and the release of the long-awaited draft at least indicates the government’s acknowledgement that existing legal provisions are inadequate. Yet any celebrations about an improvement to current detention practices is premature.