US Senators again lambast Hong Kong, unsuccessfully

Mark Pinkstone/Former Chief Information Officer of HK government

What is it with US politicians? Without any facts on hand, they willy-nilly pass laws to degrade Hong Kong as if the city is a horrible monster that needs to be eliminated.

China hawks Dan Sullivan (Rep. Alaska), John Curtis (Rep. Utah) and Jeff Merkley (Dem. Oregon) have introduced the Hong Kong Judicial Sanctions Act listing 45 judges and prosecutors for sanctions. Why?

Hong Kong enjoys the same common law legal system that applies to the US. Yet, they accuse the judiciary of human rights violations and call for support to the Hong Kongers facing persecution from the Communist Party of China (CPC) and its so-called accomplices in Hong Kong. The Hong Kong judiciary has the same checks and balances as the US, so how can it engage in human rights violations?

The senators have obviously not done their homework. Hong Kong has retained its position in the 2024 World Justice Project Rule of Law Index, ranking sixth in East Asia and the Pacific and 23rd globally amongst 142 countries and jurisdictions. Ironically, the US was at 26th place, three points behind Hong Kong! The senators should fix their own judicial system before criticizing others.

Further, the trio introduced a resolution condemning the Chinese government for engaging in repression, coercion and intimidation beyond its own borders, targeting citizens of other nations, including in the United States. Who? Those fleeing justice?

Wow! And not a shred of evidence to back up their claims. It appears to be just political posturing; another drop in the US cauldron of black propaganda targeting Hong Kong and China.

Of course, the Hong Kong Special Administration Region Government (HKSAR) strongly condemned the US senators’ resolution. It said safeguarding national security falls within the internal affairs of a sovereign jurisdiction, so the implementation of the Hong Kong National Security Law (HKNSL) is free from any intervention.

“However, those US politicians insist on turning a blind eye to all these facts, and even clamour for so-called 'sanctions' against the HKSAR personnel and judges who dutifully safeguard national security. The HKSAR despises any so-called 'sanctions' and shall never be intimidated.
“It shall continue to resolutely discharge the responsibility of safeguarding national security. The HKSAR Government strongly urges the US politicians concerned to discern facts from fallacies and immediately stop acting against the international law and basic norms of international relations and interfering in Hong Kong matters, which are purely China's internal affairs," said a government statement issued over the weekend.

Hong Kong’s position is clear: We will not be intimidated!

Hong Kong stands tall in the world. It is the axis of Asia and is an aviation hub with aircraft taking off or landing every minute of the day. Its financial base has 70 of the largest 100 banks around the globe and more than 29 multinational banks have established regional headquarters in Hong Kong. It is a safe place, thanks to its rule of law.

Yet Sullivan rants: “The Chinese Communist Party’s aggressive repression of dissent and appalling human rights record extend far beyond China’s borders.” He claims that even American citizens and others lawfully living in the US have found themselves victims of the CPC regime’s intimidation and coercion tactics.

In Hong Kong, he said, the CPC has completely corrupted the local judiciary and is turning it into a tool of intimidation and injustice, contrary to the promises made to the world, including in the Sino-British Joint Declaration.

Rubbish! China has stuck by the terms of the Joint Declaration, which is the cornerstone of the very successful one country, two systems style of governance in Hong Kong.

He added that this is why he and others were introducing legislation to hold Hong Kong judiciary officials accountable for their actions, and a resolution condemning the Xi dictatorship’s outrageous attempts to threaten and intimidate citizens and others within the US.

The 70,000 US citizens living in Hong Kong must cringe in shame when their elected representatives in parliament and leaders utter total lies about Hong Kong. There are good people who see Hong Kong for what it is. It is a place they chose to live and do business, where their children go to school. Life for them must be difficult when their own government and their elected representatives decries their business activities. They carry the stigma of a broken regime. But no matter what, they are always welcome in Hong Kong.

Mark Pinkstone

** The blog article is the sole responsibility of the author and does not represent the position of our company. **

The conclusion of the Jimmy Lai Chee-ying trial, which lasted 156 days, was a showcase on law and order in Hong Kong and showed that justice seen is justice done.

A panel of three judges – Esther Toh Lye-ping, Susana D’Almada Remedios and Alex Lee – delivered their verdict on Monday that Jimmy Lai was guilty of national security charges involving two counts of conspiracy to collude with foreign forces and one count of conspiracy to print seditious articles.

In their ruling, detailed in an 855-page document, the judges said Lai was the “mastermind” behind the conspiracies, with his sole intent was to “seek the downfall” of the ruling Communist Party.

The trial, which spanned two years (December 2023-2025), with breaks in between, drew international attention through a global campaign by his son, Sebastien, and his team of public relations cum legal experts, Doughty Street Chambers, of London.

They kept the story alive visiting world leaders and TV networks pleading for Lai senior’s release from custody citing poor health. And they got the sound bites they wanted, but the end result was useless. Jimmy Lai was found guilty as charged and could face life imprisonment, the maximum penalty for collusion.

Before passing sentence, the judges will hear mitigating arguments from Lai’s solicitors on January 12 as to why he should be sentenced and if so for a minimum period. They will surely use Lai’s deteriorating health as their main argument.

After the mitigating hearing, which is expected to last about a week, the judges will retire to decide Lai’s fate.

An interesting aspect of the trial is its open transparency. Although Hong Kong is rated 6th in the Asia/Pacific region and 24th out of 143 countries worldwide by the World Justice Project Rule of Law Index, the Lai lobbyists branded the High Court as a “sham court.”

The territory’s prosecuting office and the Chief Executive decided on a three-member panel of judges to hear the case instead of going for a full jury hearing. The reason is obvious: it would be difficult to find a seven- or 12-member panel of ordinary citizens who had not heard of the Jimmy Lai arrest and formed an opinion before the trial started.

The courtroom was specially configured to allow 58 seats in the public gallery and another 42 for the press in the main courtroom. Of those, 21 are allocated to local media, 14 to international outlets and seven to digital news platforms.

A group of about 16 western diplomats arrived at the court at around 8.20am on Monday morning with representatives from the UK, the US, the EU and Canada among them to hear the verdict and report back to their respective foreign ministers. Most of them attended the hearings every day to observe the fairness of the court. Never has a Hong Kong court hearing been under such intense scrutiny.

It could not be more transparent. It was open to the world. From the first day that prosecution witnesses gave their evidence to the closing remarks by the defendant, the foreign diplomats and international press were there recording every word spoken.

There is absolutely no reason for anyone to call it a “sham court” and international reaction will be interesting. Their comments could implicate their complicity in Lai’s masterplan to overthrow the Chinese government.

Speaking outside the West Kowloon Law Courts Building on Monday, shortly after the guilty verdict was delivered, Chief Superintendent Steve Li Kwai-wah of the police force’s National Security Department said Lai’s conviction was “justice served.”

Lai “exploited his media enterprise” and used his wealth and “extensive foreign political connections” to collude with foreign powers, Li said.

His views were echoed by Secretary for Security Chris Tang Ping-keung who believed that the trial illustrates how safe Hong Kong is and how we are able to interdict all the national security concerns and all the attempts to affect the national security. “I think this is a good showcase to show that Hong Kong is safe and it is safe to do investments in Hong Kong,” he said.

Indeed. The Jimmy Lai trial was a showcase on how Hong Kong’s rule of law and judicial prudence can shape the city to make it the Pearl of the Orient.