Take China and HKSAR Leaders to International Court for Hong Kong’s Freedom and Well-being
Take China and HKSAR Leaders to International Court for Hong Kong’s Freedom and Well-being
This Appeal Letter to:
＊ Mrs Theresa May, Prime Minister of the United Kingdom
＊ Mr Jeremy Hunt, Secretary of State for Foreign and Commonwealth Affairs of the United Kingdom
＊ All members of the Parliament of the United Kingdom
This Appeal Letter copied to:
＊ Mr Chris Patten, the former Hong Kong Governor
＊ Hong Kong Watch and its founder Mr Benedict Rogers
We are Hong Kong people now suffering from the results caused by the contravention of the Sino-British Joint Declaration (abbreviated as “the Joint Declaration” below) which promises Hong Kong people high degree of autonomy, freedom, rights, rule of law and democracy under the "One Country, Two Systems" principle adopted after the handover of Hong Kong from Britain to China in 1997. Now all these promises are not fulfilled, and the freedom, rights, rule of law and democracy in Hong Kong have been highly ruined, due to contravention of the Joint Declaration jointly by the Government of the Hong Kong Special Administration Region (abbreviated as “HKSAR Government” below) and the Government of the Communist-ruled People’s Republic of China (abbreviated as the “PRC Government” below). We are now under agonizing oppression from these two governments. We have been all along fighting for our legal rights, which is unfortunately futile, because at present, the above mentioned two governments are manipulating Hong Kong with their almost totalitarian power covering all aspects including political, economic, livelihood, social, education and academic sectors. Thus we find no way out except appealing to the international community for justice, in order to restore Hong Kong’s freedom, rights, rule of law and further development of democracy, all of which are our lawful rights promised in the Joint Declaration.
Our appeals are:
1. We earnestly request – the United Kingdom (UK) Government to take the HKSAR Government and the PRC Government to the International Court of Justice of the United Nation located in Hague, Netherlands, to sue them for contravening the Sino-British Joint Declaration, and if the contravention is ruled valid, penalty should be imposed on those HKSAR and the PRC Government officials who contravened the Joint Declaration by freezing all their assets outside China.
Our such requests are based on the fact that the Joint Declaration is a legally-binding international agreement bilaterally signed by the UK and China on 19 December 1984 in Beijing, and was registered with the United Nation’s Secretariat on 12 June 1985. Now that the agreement is being contravened by the HKSAR Government and the PRC Government, Hong Kong people as sufferers are not eligible to take the case to the International Court of Appeal for justice but only the UK as a signed party of the Joint Declaration can do. Thus we humbly request the UK Government to launch litigation at the International Court of Appeal for HK’s freedom and well-being, as a moral responsibility for Hong Kong which was previously UK’s colony.
2. We earnestly request – the former Governor of Hong Kong under British rule, Mr Chris Patten; the Hong Kong Watch which is an organization promoting Hong Kong’s human rights, freedom and rule of law together with the organization’s founder Mr Benedict Rogers – to help communicate with the UK Government about Hong Kong people’s grievance and support the UK Government to launch litigation in the International Court of Justice against the HKSAR Government and the PRC Government for their contravention of the Sino-British Joint Declaration.
The following are some significant examples, among many others, of how the Joint Declaration is contravened:
Cases of contravening the Joint Declaration and the Joint Declaration-based Basic Law by the HKSAR Government:
1. Depriving political dissidents of right to political participation:
HK political dissidents, including those supporting HK self-determination or independence, are deprived of the right to run the Legislative Council (LegCo) election such as Lau Siu-lai, Agnes Chow, Chan Ho-tin and Edward Leung. Some dissidents are stripped of LegCo seats through court proceedings due to expressing defiant political views upon taking oath into LegCo, such as Lau Siu-lai, Yau Wai-ching, Baggio Leung, Leung Kwok-hung, Edward Yiu and Nathan Law.
This breaches Article 26 of Basic Law on Hong Kong people’s right to vote and the right to stand for election.
2. de facto expulsion of foreign journalist
The Foreign Correspondent’s Club, Hong Kong (FCC) invited the HK-independence advocate Chan Ho-tin to speak at the Club’s luncheon meeting. Thereafter, the FCC’s first vice-president cum Financial Times correspondent in HK Victor Mallet got his renewal of work visa denied by the HKSAR Government and has to leave Hong Kong.
This breaches Article 3(5) of the Joint Declaraion on Hong Kong people’s rights and freedoms of speech and press.
3. Banning dissident organization
The Hong Kong National Party which advocates HK independence is banned in Sept 2018.
This breaches Article 3(5) of the Joint Declaration on Hong Kong people’s rights and freedoms of speech, assembly and association.
Cases of contravening the Joint Declaration and the Joint Declaration-based Basic Law jointly by the HKSAR Government and the PRC Government:
1. Unconstitutionally applying Mainland China laws in Hong Kong
Hong Kong Section of The Guangzhou-Shenzhen-Hong Kong High Speed Rail is under co-location arrangement in customs services, in which an area within Hong Kong Control Point is demarcated to Mainland China’s jurisdiction where all China laws are applied and Mainland China officers take control the area.
This breaches Article 3(2), (5), (12) and Annex I (I) of the Joint Declaration on the “One Country, Two Systems” principle, and also Article 18 of the Joint Declaration-based Basic Law on China laws not applied in Hong Kong (except those of defence, foreign affairs and matters outside HK’s autonomy), and if they are to be applied in Hong Kong, they must go through the procedures to be included in the Annex III of Basic Law. In this case, an area in Hong Kong is designated to China’s jurisdiction that all China laws applied in Hong Kong go beyond the restricted China laws to be applied as relating to HK's defence, foreign affairs and matters out of HK’s autonomy.
Also the application has not gone through the required procedures for listing them in Annex III of Basic Law.
Cases of contravening the Joint Declaration and the Joint Declaration-based Basic Law by the PRC Government:
1. PRC Government Openly announced the Joint Declaration void
The PRC Government officials in recent years repeatedly stated in formal and informal occasions that the Joint Declaration has been void. On 30 June 2017, the eve of the 20th anniversary of Hong Kong handover from Britain to China, the spokesman of Chinese Foreign Ministry Lu Kang formally expressed that “the Sino-British Joint Declaration is now an historical document that has no practical significance, and it is not at all binding for the (China) central government’s management over Hong Kong”.
This breaches Article 3(2), (5) and (12) and Annex I (I) of the Joint Declaration on Hong Kong being ruled by the “One Country, Two Systems” principle and high degree of autonomy for 50 years up to 2047. China’s statement mentioned above was made in 2017 which is not the end of legally binding period in 2047.
2. PRC Government announced complete jurisdiction over Hong Kong
In 2014, the PRC’s State Council promulgated a white paper reporting on the situation of the “One Country, Two Systems” policy being implemented in Hong Kong, which says the PRC Government has complete jurisdiction over Hong Kong and how high the degree of autonomy Hong Kong enjoys depends on how much autonomy the PRC delegates to Hong Kong.
This breaches Article 3(2) and (12) of the Joint Declaration stipulates that the operation details of the “high degree of autonomy” for Hong Kong is outlined in the Joint Declaration’s Annex I and the Joint Declaration-based Basic Law provisions. That is to say, how high the degree of autonomy Hong Kong enjoys is bound by the Joint Declaration’s Annex I and Basic Law articles, but not by the arbitrary decisions of the PRC Government from time to time.
3. Destroying HK’s independent judicial power
In 2016, several Legislative Council (LegCo) Members-elect expressed defiant political views when taking oath into LegCo. The HKSAR Government took the cases for judicial review. Later the PRC’s Standing Committee of the National People’s Congress (NPCSC) took the initiative to interpret Article 104 of the Basic Law for the case so that the HK Court was compelled to fulfill its constitutional responsibility of following NPCSC’s legal interpretation to strip these LegCo members-elect of their LegCo seats.
This breaches Article 158 of Basic Law firstly stripping HK Court of the right to interpret matters within the limits of HK’s autonomy while LegCo members’ oath-taking is within this scope; and secondly the NPCSC can interpret the related articles of Basic Law only upon the request of HK’s Court of Final Appeal when the case is in its final appeal stage. In this case, the NPCSC robbed the HK Court’s right of interpretation of HK laws and also bypassed HK’s Court of Final Appeal to proactively interpret the Basic Law article when the case was not even at its final appeal stage.
This also breaches Article 3(3) of the Joint Declaration on Hong Kong having independent judicial power.
4. Illegally abducting Hong Kong people
In 2015, five HK book-sellers of the Causeway Bay Bookstore which sells books banned in China disappeared. Some were illegally abducted to Mainland China by China security officers from Hong Kong.
This breaches Article 3(5) of Joint Declaration on rights and freedoms of the person and press, and China officers delivering duties in Hong Kong contravening the “One Country, Two Systems” principle laid down in the Joint Declaration.
5. Declining universal suffrage as promised
Ever Since the signing of the Joint Declaration in 1984, Hong Kong people have all along been demanding for universal suffrage on electing their Chief Executive and all LegCo members but to no avail.
This breaches Article 45 and 68 of Basic Law on universal suffrage for electing the HKSAR Chief Executive and all LegCo members.
6. PRC Government interfering HK’s internal matters
The Liaison Office of PRC Government in the HKSAR interferes numerous HK’s internal affairs, including coordinating, commanding and organizing political election campaigns and canvassing votes for Pro-Beijing politicians by means of, among many others, forcing employees in the China capital-owned companies to vote for pro-Beijing candidates; and also persuades or puts pressure on the Pro-Beijing LegCo members to vote for the HKSAR Government-proposed bills.
This breaches Article 3(2) of the Joint Declaration on high degree of autonomy enjoyed by Hong Kong, and only HK matters relating to foreign relations and defence are to be managed by the PRC Government.
This also breaches Article 22 of Basic Law prohibiting any organs of the PRC Government from interfering in the affairs which are to be administered by HKSAR.
(Chinese text below)
＊ Hong Kong Watch 及其創辦人Benedict Rogers先生
2. 吾等懇請：前香港總督彭定康先生、關注香港人權的組織Hong Kong Watch 及其創辦人Benedict Rogers先生，能為吾等受害港人向英國政府陳情，支持把《中英聯合聲明》違約一事，提控至聯合國國際法院，為港人追討公義。