(Clearwisdom.net) The case that involved four Taiwanese Falun Gong practitioners who sued the Hong Kong Immigration Office for unlawful rejection of their entry to Hong Kong, after having gone through a four-year trial, drew to a conclusion. The Hong Kong High Court announced a verdict on March 23, 2007. The judge ruled that Taiwanese people who "physically have landed on Hong Kong soil but have not yet entered Hong Kong cannot be entitled with the protection of Hong Kong's Basic Human Rights. The Immigration Office has broad discretionary authority, and can deprive people who arrive in Hong Kong of their "rights to procedural fairness". Therefore, the judge withdrew the Taiwanese Falun Gong practitioner plaintiffs' application asking that the decision denying their entry be ruled unlawful. The judge also stated that the police's actions at the Immigration Office, in which they used violence against Taiwanese Falun Gong practitioner plaintiffs during the deportation, were not excessive.

The Taiwan Falun Dafa Association released a statement on March 25, condemning the verdict for disregarding the protection of basic human rights, and calling the ruling absurd and unreasonable. The ruling showed Hong Kong's legal system bowing to the CCP's pressure. It will become the laughing stock of the international community, and be despised by people of insight. The main content includes the following five points:

1. The verdict disregarded basic human rights, demonstrating a capitulation to the CCP's pressure: The judge completely ignored basic human rights. It showed subordination to the CCP's pressure, and becoming an accomplice of the CCP in suppressing Falun Gong. At the same time, it also showed that the Hong Kong government has not defended the Taiwanese people's basic human rights in Hong Kong.

The judge even said that the Taiwanese plaintiffs cannot enjoy the basic human rights stipulated in Article No.4 of the Basic Law of Hong Kong, because even though the Taiwanese plaintiffs "physically had landed on HK soil, that does not mean that they were in Hong Kong. Therefore, what the Basic Law stipulates, protecting and safeguarding rights and freedom of Hong Kong residents and people who are in Hong Kong, does not apply to the Taiwanese plaintiffs. (Verdict para 76-82).

Actually, in Article No.4 of the Hong Kong Basic Law, the spirit of its human rights protection is similar to that of other countries, that is, to protect all people's basic human rights in the jurisdiction of the government. Airport passengers are certainly within the protection of the basic human rights in all countries. However, the judge in this case delivered an absurd and incomprehensible verdict, that when foreigners have landed on Hong Kong soil, so long as they are not allowed to enter, the Hong Kong government is not required to protect their basic human rights.

2. The verdict showed that the spirit of the law no longer exists: The verdict pointed out that the Director of the Immigration Office has wide discretion, and it was not necessary for him to give the Taiwanese plaintiffs the right of "procedural fairness." In other words, he could deny entry to Taiwanese plaintiffs without giving any reason. This means that the verdict denied the right of procedural fairness the plaintiffs should enjoy. (Verdict para 70&71)

But the basic spirit of any lawful society is the right of procedural fairness. The verdict in this case even publicly claimed that the Immigration Office has the right of broad discretion, and can completely ignore the right of procedural fairness. Doesn't this mean that the law in Hong Kong does not exist? Or did they make such a ridiculous decision because of the strong pressure brought to bear in this case?

3. The verdict indicates that Hong Kong has lost its autonomy. Justice Hartmann said that in "Schedule 8 to the Interpretation and General Clauses Ordinance, Cap.1," Taiwan is a part of China; therefore, Taiwanese people cannot be regarded as foreigners, (Verdict para.59) but such a position is contrary to the reality of immigration control, because Taiwanese people need to apply for an entry permit. Therefore, when the Taiwanese plaintiffs landed on Hong Kong soil with Hong Kong issued visas, they amounted to foreigners (Verdict para. 61) This shows that Hong Kong has lost its autonomy, and One Country, Two Systems does not exist.
   
4. The judge appeared to be two different persons in the trial and in making the ruling. This shows that the legal system is cowardly and in breach of its duty. Justice Hartmann once questioned the Hong Kong government's lack of candor. Why did they destroy all information about 80 Falun Gong practitioners who were denied entry to Hong Kong in less than one month? Was there a blacklist as the plaintiffs claimed? Was it related to the plaintiffs' religious belief? He said twice to lawyer Daniel Fung, who represented the Hong Kong government, "Don't beat around the bush."

However, Justice Hartmann delivered the verdict in the absence of other evidence. He must have thought the decision for denying entry and the fact that 80 Falun Gong practitioners were denied entry, and the concern over religious issues, were simply coincidences!

Such a judgment does not have any legal basis, and makes no sense, but only shows the Hong Kong court's cowardice and neglect of duty. However, doesn't such a distorted judgment reflect the huge pressure from the CCP?

5. The plaintiffs will continue to appeal. Falun Gong groups in Hong Kong and Taiwan believe that basic human rights cannot be dismissed with an absurd judgment. The truth about why the Hong Kong government denied entry to those Taiwanese plaintiffs has not yet been made clear enough. The judge, with this verdict, in fact indirectly shielded the Hong Kong government, thus assisting and hiding the operations of the CCP behind the scenes. But we believe that the CCP's blacklist should be corrected and eliminated by the Hong Kong judicial system. We will consider continuing to appeal with our lawyer in the near future. The Falun Gong group believe that righteousness will overcome evil, and righteousness and kindness will ultimately prevail.

The Taiwan Falun Dafa Association therefore calls upon the Taiwanese government and human rights community to uphold justice, safeguard the Taiwanese people's basic human rights, condemn Hong Kong' miscarriage of justice, expose the Hong Kong government's deceitful operations and the CCP's behind-the-scenes manipulations, and restore Taiwanese plaintiffs' reputations, human rights and justice.

Posting date: 3/29/2007
Original article date: 3/29/2007
Category: Falun Dafa Worldwide
Chinese version available at http://minghui.org/mh/articles/2007/3/26/151547.html

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