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Practitioners from Taiwan and Hong Kong Win the Right to a Judiciary Review Against the Hong Kong Government
(Clearwisdom.net) On July 5, 2004, a court in Hong Kong issued a partial
ruling on the case of Taiwan and Hong Kong Falun Gong practitioners suing the
Hong Kong Government for human rights abuses. After an appeal, the court ruled
that Mr. Kan Hung-Cheung, one of the contact persons of The Hong Kong
Association of Falun Dafa, has the right to a judiciary review. Four other Falun
Gong practitioners from Taiwan have already been granted the right to a
judiciary review against the Hong Kong Immigration Department for being deported
with unnecessary force last year. This legal case was started in February 2003 when 82 practitioners from
Taiwan were refused entry and deported by the Hong Kong Immigration Department.
All of these practitioners held valid visas to enter Hong Kong. Practitioners
from both Taiwan and Hong Kong hired the renowned Hong Kong human rights lawyer
Mr. Paul Harris and filed a judiciary review case against the Hong Kong
Government, citing violation of numerous articles in the Basic Law of Hong Kong. According to the Epoch Times (Taiwan Edition), the plaintiffs asked
the court to rule that the Hong Kong Immigration Department's administrative
decision to deport Taiwanese Falun Gong practitioners was illegal, and its use
of unnecessary force during the deportation was also illegal. Once the
plaintiffs' rights are established, the court in Hong Kong will proceed with the
trial. It is reported that this human rights lawsuit is getting special attention
from the Hong Kong Government. The government hired a Royal Barrister (1) for
the case, hoping to rescind the plaintiffs' rights. The court, however, ruled
that Falun Gong practitioners have the right to a judiciary review. Thus the
court in Hong Kong has officially agreed to hear this case concerning the abuses
of human rights of the Falun Gong practitioners. The plaintiffs and the Hong
Kong Government will face off in court. According to some studies, the chance for the Hong Kong Government to win the
case is slim even if the case goes all the way to the Supreme Court of Hong
Kong. One of the plaintiffs, Ms. Chu Woan-chyi, who is also the spokeswoman for
the Global Coalition of Lawyers to Bring Jiang To Justice, said the July 1st
demonstration in Hong Kong showed the Hong Kong people's concern for democracy
in the city; however, the court's ruling in this case shows that there is still
some hope for Hong Kong's legal system. This victory means that even under the
dictatorship of Jiang Zemin, Hong Kong's judiciary system can still protect
human rights and maintain the dignity of the "rule of law." It is not only the
initial victory for Falun Gong practitioners from Taiwan and Hong Kong; it is
also a victory for Hong Kong as a whole. Notes: (1) Even though Hong Kong is part of China now, its legal system is largely
inherited from the British legal system since Hong Kong was once a colony of
Britain. |