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 decision by the Chief Executive John Lee to establish an independent committee to investigate the Tai Po fire is the correct move to expedite closure for the bereaved families who lost loved ones in the deadly fire which took 160 lives.

He had a choice. The normally hostile western media were clamouring for an investigative commission of inquiry which would have taken years to complete its work due to legal wrangling, thus prolonging closure. The bereaved rightly want to know how and by whom the fires started. And they want to know as soon as possible.

It is likely Lee consulted the justice and legal departments before reaching his conclusion that an independent committee was the correct path to follow. His heart went out to the bereaved while wishing a quick inquiry into the causes of the fire.

Immediately after the fire, the government arrested a number of company directors and contractors and seized their books to investigate any culpability in the awarding of contracts and procedures of the renovation works.

Despite western criticism, the government and the public were quick to respond to the disaster. The government set up a $300 million relief fund, and this was quickly boosted to $3.3 billion by corporate and public donations. More than 1 451residents have been accommodated, through the co-ordination of the Home and Youth Affairs Bureau, in youth hostels, camps, or hotel rooms. Another 3,059 residents are currently living in transitional housing units provided by the Housing Bureau or units from the Hong Kong Housing Society. Hong Kong cares.

Not wasting time, Chief Executive John Lee Ka-chiu quicky appointed Justice David Lok Kai-hong to chair an independent commission to be flanked by committee members Chan Kin-por and Rex Auyeung Pak-kuen. The committee’s mandate covers critical areas—the origin of the fire and why it spread so rapidly and whether fire-safety equipment, maintenance standards and regulatory oversight were properly adhered to. The panel was given sweeping powers by the Chief Executive and nine months to uncover the causes, expose any corruption in renovation works, and recommend sweeping reforms.

The special committee will have maximum autonomy and flexibility but does not have the authority to summon witness as in an inquiry. Should such a case arise, and should it require formal statutory powers to compel evidence on specific issues, it can ask the Chief Executive to convert it into a full Commission of Inquiry in the same way past major probes have been conducted.

Addressing concerns about not immediately establishing a statutory inquiry, Lee explained the current structure allows faster start-up while retaining the option to escalate if needed, covering both immediate fire-safety failures and long-standing concerns over maintenance contract irregularities.

A commission of inquiry can be lengthy and prolonged by legal arguments. The Commission of Inquiry into mishaps in the opening of the new airport at Chek Lap Kok in 1998 is said to have a hundred lawyers arguing for their clients and with the disastrous Grenfell Tower fire (which was similar to the Wang Fuk Court fire in Tai Po) in the UK in 2017, an independent investigation committee led by retired justices published its report in stages, with the first report taking two years after the disaster, and the second report taking seven years after the disaster. The unfortunate bereaved waited.

Lee said the goal of this independent committee in Hong Kong is to complete the review within nine months, mainly due to adopting a hybrid model. It takes both the flexibility and efficiency of the independent review committee and the statutory power of the independent investigation committee as a cover. It is a pioneering approach of "the integration of power and effectiveness", and we hope to make it clear to the public as soon as possible.

Lee stressed that the final report and all recommendations will be made public, except for material related to ongoing court cases, and interim reports may be issued to keep the public informed.

The Wang Fu Court fire was a disaster that should never have happened. The independent committee will have its work cut out determining the cause of the fire without any legal framework. But its recommendations will go to the government to act accordingly and swiftly to bring those responsible to be accountable for the 160 lives lost. It is also a subject for the new legislators to debate when the Legislative Council opens on January 7.