HKSAR handles Lai Chee-ying's case and his custodial arrangements in accordance with law
Regarding Lai Chee-ying's case involving the Hong Kong National Security Law and the related custodial arrangements, the so-called "Lai Chee-ying's overseas international legal team" once again spread misinformation and made smearing remarks recently. The Government of the Hong Kong Special Administrative Region (HKSAR) today (November 17) condemned this act, and issued a statement to clarify relevant issues to set the record straight.
A spokesman for the HKSAR Government said, "Legal practitioners should act on the basis of facts and evidence. However, we noticed the so-called international legal team has repeatedly distorted the truth, blatantly discredited the judicial system and trials of the HKSAR, and fabricated information about the treatment provided to Lai Chee-ying during his custody. This behavior is completely contrary to the professional ethics that legal practitioners should uphold. In fact, Lai Chee-ying's side has publicly clarified that he has never given instructions to the so-called international legal team to act on his behalf, which shows that the credibility of the so-called international legal team has long been in doubt. While Lai Chee-ying's actual legal representative has recently made a clarification, indicating that he is receiving appropriate treatment and care in prison, it is shocking that the so-called international legal team continues to deliberately publish false information, mislead the United Nations (UN) and abuse its mechanisms.
"In fact, the Correctional Services Department (CSD) is committed to ensuring that the custodial environment is secure, safe, humane, appropriate and healthy, and have put in place established mechanism to ensure the rights of persons-in-custody (PICs) are protected, including arrangement of regular inspection of independent visitors, namely Justices of the Peace. The HKSAR Government emphasised that the CSD adopts the above arrangements when handling matters related to inmate Lai Chee-ying, which is the same as other PICs.
"In the interests of a particular prisoner or for the maintenance of good order and discipline, the Commissioner of Correctional Services is empowered to make arrangements under section 68B of the Prison Rules that such prisoner should not associate with other prisoners (i.e. the so-called 'solitary confinement'). One of the purposes of the relevant arrangement is to ensure the personal safety and well-being of the PIC, which can be requested by the PIC themselves and approved by the Commissioner after considering the matter in accordance with the law; or the Commissioner may make such arrangements after considering the relevant factors in accordance with the legal requirements and procedures."
The spokesman stressed, "It must be clarified that the arrangement for Lai Chee-ying's removal from association from other PICs has been made at his own request and approved by the CSD after considering all relevant factors in accordance with the law all along. The unfounded remarks by the so-called Lai Chee-ying's international legal team and other anti-China forces regarding Lai Chee-ying's solitary confinement are completely fact-twisting and are merely a despicable political maneuver with malicious intention to smear and attack the HKSAR Government."
The spokesman said, "The HKSAR Government has repeatedly stressed that all cases (including this case) are handled strictly on the basis of evidence and in accordance with the law; the Department of Justice of the HKSAR, by virtue of Article 63 of the Basic Law, controls criminal prosecutions, free from any interference; all defendants will receive fair trial with applicable Hong Kong laws (including the Hong Kong National Security Law) and under the safeguards of the Basic Law and the Hong Kong Bill of Rights.
"The Basic Law specifically provides that the HKSAR enjoys independent judicial power, including that of final adjudication, and the courts of the HKSAR shall exercise judicial power independently, free from any interference. When adjudicating cases concerning offence endangering national security, as in any other cases, judges remain independent and impartial in performing their judicial duties. Cases will never be handled any differently owing to the profession, political beliefs or background of the persons involved. To suggest otherwise is utter nonsense without regard to objective facts with the intention to smear the judicial system of the HKSAR.
"In addition, the Hong Kong National Security Law further affirms adherence to the principle of the rule of law in preventing, suppressing and imposing punishment for offences endangering national security, and provides for the presumption of innocence and the prohibition of double jeopardy, and protection of the right to defend oneself and other rights in judicial proceedings that a criminal suspect, defendant and other parties in judicial proceedings are entitled to under the law.
"All cases concerning offence endangering national security will be handled in a fair and timely manner by the law enforcement, prosecution and judicial authorities of the HKSAR as required by Article 42(1) of the Hong Kong National Security Law. The time taken between the institution of prosecution and the completion of trial of each case depends on a multitude of factors. The prosecution and defence will adhere to any direction given by the court to ensure a timely trial."
The spokesman said, "We oppose the groundless criticism and conclusion against the HKSAR by the relevant Working Group of the UN based on a series of false and misleading accusations. We urge the Working Group to perform its duties in a fair and objective manner while respecting the independent judicial power of the HKSAR in order to prevent any abuse of UN mechanisms to interfere with ongoing judicial proceedings in the HKSAR, which contradicts the spirit of the Charter of the United Nations based on the principles of sovereign equality and non-interference."
The spokesman stressed that, "We will never tolerate, and strongly deplore, any form of interference by any foreign power or individual with the judicial proceedings and internal affairs of the HKSAR."
Speech by CE at Ministerial Industry Dialogue of Hong Kong Global Maritime Trade Summit (with video)
Following is the video speech by the Chief Executive, Mr John Lee, at the Ministerial Industry Dialogue of the Hong Kong Global Maritime Trade Summit on November 17 (Lima time):
Mr Emanuele Grimaldi (Chairman of the International Chamber of Shipping), ministers and officials from around the world, distinguished guests, ladies and gentlemen,
Good afternoon. It gives me great pleasure to welcome you to Hong Kong, and to the Hong Kong Global Maritime Trade Summit.
I am currently in Lima, Peru, for this year's Asia-Pacific Economic Cooperation Economic Leaders' Meeting. Therefore, I am pleased to have the opportunity to speak to you by video.
Today's event opens this year's two-day Hong Kong Global Maritime Trade Summit. In doing so, I'm pleased to note that it also ushers in Hong Kong Maritime Week, the eighth edition, which continues right through Saturday.
This Ministerial Industry Dialogue is a welcome opportunity for policymakers and industry leaders around the world to discuss the critical issues facing global trade and shipping.
And I am delighted to know that so many high-profile officials from our international and local maritime and trade communities have come together today, united by a common purpose.
For that, I am grateful to the International Chamber of Shipping, the ICS, for choosing Hong Kong as host city for this year's Global Maritime Trade Summit.
The ICS, of course, is the principal international trade association for merchant shipowners and operators. It represents more than 80 per cent of the world's merchant fleet.
Previous ICS summits have contributed significantly to global policymaking. The Glasgow Summit, in 2021, led to the adoption, by global shipping, of a net-zero, greenhouse gas emission reduction target for 2050. That was subsequently adopted by governments at the United Nations' International Maritime Organization.
The London Summit, in 2022, led to the adoption of the Clean Energy Marine Hubs initiative by the Clean Energy Ministerial group of global energy ministries. It's now on the agenda of the G20.And the Hong Kong Summit is committed to building consensus on issues critical to maintaining an efficient global maritime transportation system.
The theme of this year's Summit, "Risk and Resilience in an Age of Disruption", certainly captures the moment. Geopolitical dynamics, trade disruptions and climate change are among the many challenges facing the world - and this industry, Hong Kong included.
Hong Kong is, however, well positioned to ride out the storms. Under the unique "one country, two systems" principle, Hong Kong converges both the China advantage and the global advantage. With our strategic location, state-of-the-art infrastructure and world-class port, we possess unparalleled advantages to excel despite the changing global landscape.
It starts with trade. Last year, our merchandise trade exceeded US$1.1 trillion, making us the world's 10th largest trading economy.
We are among the world's busiest ports, too, with over 300 container vessel sailings each week to nearly 500 destinations worldwide. Last year, the Hong Kong port handled some 14.4 million TEUs.
We are blessed with a dynamic maritime cluster, counting more than 1 100 shipping and maritime companies. It helps that we have long practised the rule of law under a bilingual common law system, that our tax regime is simple and competitive, and that information, capital, goods and people flow freely, in and out of Hong Kong.
Our maritime services, let me add, are internationally recognised. The latest International Shipping Centre Development Index Report ranked Hong Kong fourth among the world's leading shipping centres.
What truly sets Hong Kong apart is our extensive connections. We act as a "super connector" and "super value-adder", the multi-level bridge between China, our country, and the rest of the world. Last year, the value of goods re-exported through Hong Kong to and from the Mainland amounted to nearly US$440 billion, or over 83 per cent of Hong Kong's total re-export trade value.
Taking advantage of our singular East-meets-West connectivity, we have ambitious plans for Hong Kong's port and maritime industry.
In my annual Policy Address delivered last month, I unveiled our plans of bringing together Hong Kong's strengths as an international financial, shipping and trading centre. We will create a commodity trading ecosystem in Hong Kong, turning our city into an operation centre for international commodity trading, storage and delivery, shipping and logistics, risk management, and more.
The complexities in geopolitics underscore our city's edge in security and stability. We endeavour to become an investors' destination for gold storage, and build Hong Kong into an international gold trading centre.
We are exploring tax concessions for commodity traders, recognising their significant role in maritime services. We are also encouraging more maritime service companies to set up in Hong Kong through tax concessions. These developments are set to bring immense opportunities to our maritime sector.
There's more. In my Policy Address, I announced that we will set out an action plan on green fuel bunkering in Hong Kong. Our goal is to build a green maritime hub, right here in Hong Kong, taking advantage of related infrastructural development. I am glad to say that we have met our commitment, by promulgating the Action Plan on Green Maritime Fuel Bunkering last week.
We will also press ahead with smart port development, completing the installation of a digitalised port community system next year.
My Policy Address also introduced a reduction in the duty rate for purchasing liquor in Hong Kong. The rate on the purchase amount above HK$200 - about US$26 - is being reduced from 100 per cent to 10 per cent. The removal of all duties on wine, in 2008, helped Hong Kong become a regional wine trading and distribution hub, as well as one of the world's top three wine auction centres.
We hope the new liquor initiative will also create new opportunities, spurring the development of such high value-added sectors as logistics, storage, tourism and premium food and beverage consumption.
My thanks, once again, to the ICS for organising the Hong Kong Global Maritime Trade Summit, in collaboration with the Transport and Logistics Bureau of the Hong Kong Special Administrative Region Government and the Hong Kong Shipowners Association.
I know you will enjoy today's Ministerial Industry Dialogue. And I wish you the best of business tomorrow, day two of the Summit, and throughout Hong Kong Maritime Week and its broad range of events, "Navigating to a Greener Future" together, according to the Week's theme.
Make time, too, to discover all that Hong Kong, a world city, has to offer - on land as well as at sea.
Thank you.
