Parliamentarians in UK, EU, Canada, and Germany condemn the Hong Kong Government’s targeting of Tim Owen KC and Jimmy Lai

Today, the Hong Kong Government’s immigration department has withheld a visa for Jimmy Lai’s defence counsel Tim Owen KC.

This comes on the same day that Hong Kong officials postponed Jimmy Lai’s national security trial to 13 December 2022, to allow time for China’s National People’s Congress Standing Committee to interpret the National Security Law and bar foreign lawyers from participating in national security cases in the city.

Beijing’s intervention comes off the back of a ruling from the Hong Kong Court of Final Appeal which supported Tim Owen KC representing Jimmy Lai in his pending national security trial.

Jimmy Lai’s trial, which is the first to take place under the “collusion with foreign forces” charge, will be one of the most high profile since the draconian law came into effect in July 2020. It is likely that Jimmy will face between ten years and life in prison, and even the possibility of extradition to mainland China.

The Hong Kong Government has previously used the tactic of denying visas to target foreign journalists deemed “critical” of the Chinese Government.

An international group of parliamentarians comprised of Hong Kong Watch patrons in UK, Canada, and EU, as well as a leading German MP and German MEP have criticised the Hong Kong Government for its treatment of Jimmy Lai and the decision to call on Beijing to bar foreign lawyers from national security trials.

Lord Alton of Liverpool, a UK patron of Hong Kong Watch, said:

“Beijing’s decision to interpret the National Security Law and overturn the Hong Kong Court of Final Appeal’s decision so that they can bar Tim Owen KC from representing Jimmy Lai in his national security case, is further evidence of the hollowing out of judicial independence, the rule of law, and the movement to divorce Hong Kong from its common law ties.

It is clear that Jimmy Lai faces a political show trial, for the sole reason of being a prominent pro-democracy voice and the largest independent media proprietor in Hong Kong critical of the government in Beijing. The international community must continue to shine a light on his case and pressure the Hong Kong Government for his release, in particular the FCDO must speak out for Jimmy given that he is a UK citizen.”

Senator Leo Housakos, a Canadian patron of Hong Kong Watch, said:

“As rule of law and judicial independence in Hong Kong continues to deteriorate, liberal democracies must stand firm in our support for Jimmy Lai. Magnitsky sanctions must be imposed on all prosecutors who have played a role in undermining the rule of law.

Foreign non-permanent judges in Hong Kong must reconsider the appropriateness of their role in lending prestige to a system that has forfeit its legitimacy for authoritarian rule. Canada and our allies must be unyielding in our resolve to support Jimmy Lai and all freedom-loving people of Hong Kong.”

Miriam Lexmann MEP, a European patron of Hong Kong Watch, said:

“The trumped-up charges, based on the so-called national security law, as well as the repeated blocking of Timothy Owen KC to represent Jimmy Lai, reflects the broader destruction of Hong Kong’s autonomy and freedoms. It is time for Western leaders to impose consequences, including targeted sanctions, on those responsible for the destruction of Jimmy Lai’s and Hong Kong’s freedom.”

Garnett Genuis MP, a Canadian patron of Hong Kong Watch, said:

“The arrest, charge, and trial of Jimmy Lai under the National Security Law for collusion with foreign forces and the colonial era sedition law for conspiracy over allegedly seditious materials is a clear indication of how deeply Hong Kong has deteriorated.

This trial is not about justice for a crime committed, but rather retribution for taking a stance against the Chinese Communist Party. Jimmy Lai’s only crime was being strong, principled, and unyielding in the face of authoritarian repression.

It is integral that governments and parliamentarians of liberal democracies speak out for Mr. Lai and clearly reiterate our support for judicial independence and rule of law in Hong Kong.”

Frank Müller-Rosentritt MP, a member of the Bundestag, said:

“The latest adjournment of Lai’s trial is further step in the delaying tactics of the Chinese government and its extended arm in Hong Kong deliberately seeking to harass Lai and deny him a fair trial. This includes Beijing’s repeated attempts to prevent Lai from being represented by leading British human rights lawyer Timothy Owen KC. Hong Kong’s Chief Executive John Lee even called on the Standing Committee of China’s National People’s Congress to issue an “interpretation” on the matter. It should be clear to everyone what such a move clearly undermining the independence of Hong Kong’s judiciary means.

More needs to be done to provide support for the freedom-loving Hong Kongers. Establishing safe routes to Germany for those who face arrest and persecution and stepping up advocacy for political prisoners in Hong Kong is desperately needed.”

Reinhard Bütikofer, Chair of the European Parliament’s China Delegation, said:

“In the pursuit of the criminalization of Jimmy Lai, Hong Kong authorities are without limits. When Hong Kong’s Supreme Court, against the will of the Hong Kong executive, confirmed Jimmy Lai’s right to be defended in court by a British barrister, Hong Kong leaders appealed to Beijing to overturn or invalidate the decision of the Supreme Court, thus giving the lie to their claim that they stand for rule of law.

 Just as Joshua Wong, Cardinal Zen and many others, Jimmy Lai is a political prisoner, kept in jail for their love of freedom and democracy. The European Union should protest against the parody of a fair trial that will be held to condemn Jimmy Lai. Several of the people that worked for him at Apple Daily, when Apple Daily was still allowed to exist, have been forced and blackmailed into giving testimony against their former boss. The trial of Jimmy Lai amounts to a mockery of justice. Jimmy Lai has to be admired for his courage in standing for his ideals. That is why the European Parliament has expressed its strong solidarity with Jimmy Lai. Jimmy Lai should be set free. That will not happen, but we will continue in our support of him and other political prisoners in Hong Kong.”