Stop Harassing Lawyers, Uphold the Rule of Law

Started

15 July 2015

Petition to

Government of PRC

Petition Closed

This petition had 2,756 supporters

Why this petition matters

Started by Former Bar Chairmen, Legislators and EC members of Hong Kong

Worldwide Signature Campaign for Human Rights Lawyers in Mainland China

中文版本按此

We are a group of lawyers in Hong Kong who are deeply concerned with the massive nation-wide arrest, detention and disappearance of human rights lawyers in Mainland China.

According to reports, from 10 July 2015 and up till the evening of 14 July 2015, about 102 lawyers, together with 36 human rights activists, from 18 provinces and Beijing have been apprehended, or secretly taken away, or detained by the police and/or their agents.

A well-known human rights lawyer Wang Yu (王宇) and her husband Bao Longjun (包龍軍) and their son were taken away in the early hours of 10 July and their home was broken into by unidentified persons, believed to be around 30 to 40 in number.

Madam Wang Yue's Beijing Fengrui Law Firm (北京鋒銳律師事務所) was broken into and ransacked. The computers and files were all taken away. This is a serious violation of the rights of their clients and legal professional privilege. The head of Fengrui Law Firm Zhou Shifeng (周世鋒), the other lawyers of the same firm Wang Quanzhang (王全璋), Wang Liqun (黃力群) and two legal executives, have all been detained. Enclosed is a link from Hong Kong Cable News of 13 July 2015 of the raid. http://cablenews.i-cable.com/webapps/news_video/index.php?news_id=462052

Two other Beijing law firms to which two prominent human rights lawyers Li Heping (李和平) and Li Jinxing (李金星) are attached have also been raided.

Of the hundred odd lawyers taken away or summoned by the police for interrogation, about 91 have been released as at the late hours on 14 July 2015, some have been threatened also to have their children and parents arrested. Amongst those detained, Mr. Sui Muqing (隋牧青), from Guangzhou, and Xie Yang (謝陽) from Hunan, have been charged with inciting subversion of state sovereignty. We continue to feel deeply concerned about those whose whereabouts remain unknown.

We understand allegations of unlawful conduct may be made against some of the above lawyers. The factual and legal validity of such charges will, if they are disputed, have to be tried in a fair and open judicial process. However, lawyers, wherever they practise, are duty bound to defend the interests of their clients without fear and according to the law. In particular, in any properly developed and civilized legal system, it is essential that lawyers should be able to take on causes of clients that are unwelcome to the powers that be. Whether the causes of those clients are well founded should be tested by a fair, open and credible legal process, and not by arbitrary and brutal targeting of the lawyers who are simply performing their duties. It would be unfortunate and regrettable if the conduct of lawyers who fearlessly represent the causes of their clients (who may be at odds with the State) can be readily interpreted or characterized as criminal in nature. This will have an obvious chilling effect on lawyers’ proper discharge of their duties.

Only when lawyers’ professional duty and rights are respected can the rule of law as understood in the civilized world take root in Mainland China.

We denounce intimidating harassment against fellow lawyers. And we call upon the Mainland Chinese Government:
1) To respect the constitutional rights of all the detained lawyers and their clients;
2) To inform their families of their whereabouts, and permit immediate access to their legal representatives;
3) To stop any unlawful or arbitrary conduct against the lawyers' offices or the lawyers and others related to them; and
4) To ensure that justice is seen to be done, and any charges against the lawyers and persons related to them are properly tried by a judicial process that is open, fair and transparent.

Signed:

(A) Former Chairmen of the Hong Kong Bar Association
Martin Lee SC (1980 – 1983)
Denis Chang SC (1985 – 1988)
Jacqueline Leong SC (1992 – 1994)
Ronny Wong SC (1994 – 1995)
Gladys Li SC (1995 – 1997)
Audrey Eu SC (1997 – 1999)
Ronny Tong SC (1999 – 2001)
Alan Leong SC (2001 – 2003)
Edward Chan SC (2003 – 2005)
Philip Dykes SC (2005 – 2007)
Russell Coleman SC (2009 – 2011)
Kumar Ramanathan SC (2011 – 2013)
Paul Shieh SC (2013 – 2015)

(B) Legislators of the Legal Functional Constituency
Martin Lee SC* (1985 – 1991)
Margaret Ng (1995 to 2012)
Dennis Kwok (2012 to present)

(C) All current 30 members of the Legal Subsector of the Election Committee for the Chief Executive 2011-2016
Edward Chan SC*
Stephen Char
Jasmine Chau
Cheng Shui Tai
Eric Cheung
Cheung Yiu Leung
John Clancey
Philip Dykes SC*
Graham Harris SC
Fred Ho
Sidney Ho
David Hui
Dennis Kwok o
Lam Kin Man
Philip Li
Bruce Liu
Andrew Mak
Jonathan Man
Debora Poon
Hectar Pun SC
Randy Shek
Sin Ping Ho
Jeffrey Tam
Herman Tang
Michael Vidler
Daniel Wong
Linda Wong
Alvin Yeung
Richard Yip
Helena Yuen