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God so loved the world that He sent His Son Jesus to bear our judgement, and all our sins have been punished in Jesus' body at the cross.
The Law of Double Jeopardy: the same offence cannot be punished twice.
Therefore God is righteous in not punishing believers because Jesus has already paid the price for our sins.
God uses judicial terms: we are the righteousness of God in Christ! That's the gospel in a nutshell.
TWELVE TOP INTERNATIONAL LAWYERS WARN OF “GRAVE THREATS” TO RULE OF LAW, JUDICIAL INDEPENDENCE AND HUMAN RIGHTS IN HONG KONG
For Immediate Release - Monday 16 October, 2017
Twelve senior international lawyers from the United Kingdom, the United States of America, Australia, Canada, South Africa and Malaysia, including the United Kingdom’s former Lord Chancellor and Secretary of State for Justice Lord Falconer QC, released a letter today expressing their concern that the imprisonment of Joshua Wong, Alex Chow and Nathan Law represents “a serious threat to the rule of law and a breach of the principle of ‘double jeopardy’ in Hong Kong”.
The lawyers criticize the Public Order Ordinance as a violation of the International Covenant on Civil and Political Rights, and warn that China’s 2014 White Paper on Hong Kong threatens the independence of the judiciary which “risks becoming a charade, at the beck and call of the Chinese Communist Party.” Hong Kong’s rule of law and basic freedoms, at the heart of the principle of “one country, two systems”, now face grave threats, the twelve lawyers warn.
In addition to the former Lord Chancellor and Secretary of State for Justice in the United Kingdom, the letter is also signed by six other Queen’s Counsel (QCs) from the United Kingdom, including the chair of the Bar Human Rights Committee of England and Wales Kirsty Brimelow QC, former chief prosecutor in the trial of Slobodan Milosevic, Sir Geoffrey Nice QC, the former United Nations chief war crimes prosecutor in Sierra Leone, Sir Desmond de Silva QC, the United Kingdom’s former Independent Reviewer of Terrorism Legislation and President of the Howard League for Penal Reform, Lord Carlile of Berriew QC, as well as prominent barristers Michael Mansfield QC and Rajiv Menon QC.
The South African judge and international jurist Justice Richard Goldstone, Canadian lawyer David Matas, Malaysian advocate and solicitor Andrew Khoo, Australian lawyer and former UN head of human rights in East Timor Patrick Burgess and American lawyer Jared Genser, who has represented several international figures such as Burma’s democracy leader Aung San Suu Kyi when she was under house arrest, China’s Nobel Laureate Liu Xiaobo who died earlier this year and his widow Liu Xia, and former President of the Maldives Mohamed Nasheed, are also signatories to the letter.
The lawyers note that “serious concerns over the independence of the judiciary arise” from recent events in Hong Kong, as warned by Hong Kong’s own Court of Final Appeal Judge Kemal Bokhary five years ago. “Hong Kong’s judges want to protect its independence, but they face increasing pressure from Beijing,” the letter observed.
The full text of the letter is as follows:
As lawyers, we regard the imprisonment of Joshua Wong, Alex Chow and Nathan Law in Hong Kong as a serious threat to the rule of law and a breach of the principle of “double jeopardy” in Hong Kong – in violation of the International Covenant on Civil and Political Rights.
These student activists led the Umbrella Movement in Hong Kong in 2014 – one of the most peaceful public protests the world has seen. Joshua Wong, Nathan Law and Alex Chow were already punished by a court a year ago. Joshua and Nathan respectively served 80 and 120 hours of community service, and Alex received a three-week suspended sentence. Yet the Hong Kong government decided to reopen the case and sought tougher punishments.
The law under which they were charged, the Public Order Ordinance, has been criticized by the United Nations for “facilitat[ing] excessive restrictions” to basic rights, and is incompatible with the International Covenant on Civil and Political Rights (ICCPR), which applies to Hong Kong. Human rights organisations have long urged Hong Kong to revise the ordinance to comply with the ICCPR.
Serious concerns over the independence of the judiciary arise. Court of Final Appeal judge Kemal Bokhary warned of “storm clouds” over the judiciary five years ago. Hong Kong’s judges want to protect its independence, but they face increasing pressure from Beijing. In 2014, China issued a White Paper declaring that Beijing has “comprehensive jurisdiction over Hong Kong” – instead of “the high degree of autonomy” provided for in the Sino-British Joint Declaration and the Basic Law, Hong Kong’s constitution. China also announced that Hong Kong’s judges are merely “administrators” who must love the country and be "subject to oversight by the central government”. The independence of the judiciary, a pillar of Hong Kong, risks becoming a charade, at the beck and call of the Chinese Communist Party.
Hong Kong’s rule of law and basic freedoms, at the heart of the principle of “one country, two systems”, now face grave threats.
Kirsty Brimelow QC
Patrick Burgess – President of Asia Justice and Rights (AJAR)
Lord Carlile of Berriew CBE QC
Sir Desmond De Silva QC
Lord Falconer of Thoroton QC – former Lord Chancellor and Secretary of State for Justice
Jared Genser – Freedom Now
Justice Richard Goldstone (South Africa)
Andrew Khoo (Malaysia)
David Matas (Canada)
Michael Mansfield QC
Rajiv Menon QC
Sir Geoffrey Nice QC – former chief prosecutor in the trial of Slobodan Milosevic
Coverage by The Guardian: https://www.theguardian.com/…/uk-lawyers-say-hong-kong-rule…
Human Rights Watch（人權監察）出咗聲明，要求特區政府推翻對和平示威者的刑責，因大家對香港的人權，基本自由的前景非常關注。
https://www.hrw.org/…/hong-kong-quash-convictions-student-l…
For Immediate Release
Hong Kong: Quash Convictions of Student Leaders
Court Ruling Could Bar Youths from Upcoming Elections
(New York, August 16, 2017) – The Hong Kong government should quash the 2016 convictions of three student leaders for their roles in a peaceful protest, Human Rights Watch said today. On August 17, 2017, the Court of Appeal of the High Court of Hong Kong is due to rule on the Hong Kong Department of Justice’s request that Alex Chow, Nathan Law, and Joshua Wong be given prison sentences.
Under Hong Kong ordinances, anyone sentenced to more than three months in prison is barred from running for the Legislative Council and for the District Council for five years.
“Hong Kong authorities should never have prosecuted these three student leaders for peaceful protests in the first place,” said Sophie Richardson, China director at Human Rights Watch. “The justice department’s outlandish application seeking jail time is not about public order but is instead a craven political move to keep the trio out of the Legislative Council, as well as deter future protests.”
On July 21, 2016, a Hong Kong court convicted Chow and Wong of unlawful assembly, and Law of incitement, offenses under the Public Order Ordinance. Chow was given a three-week sentence with a one-year suspension. Wong and Law were given community service orders of 80 hours and 120 hours, respectively, and have since fulfilled their obligations.
In October, the Hong Kong Department of Justice filed an application for a review of the sentences, an uncommon step, and now seeks prison terms for the three. The prosecutors claim that “the nature of the crime in this case is extremely serious,” and that “as the accused do not feel true remorse, awarding a sentence of community service is wrong on principle and clearly not enough.”
In an unrelated but similar case, the appeals court imposed a heavier penalty on 13 defendants who had been convicted of unlawful assembly for another anti-government protest in 2014. The 13, who had previously been sentenced to community service, were given prison terms between 8 and 13 months after the justice department sought a review of their sentences.
The charges against the three student leaders stem from their leadership of a peaceful sit-in that triggered the 79-day pro-democracy Umbrella Movement in 2014. At that time, Hong Kong authorities characterized the demonstrations as illegal, invoking the Public Order Ordinance, which has been criticized by the United Nations Human Rights Committee for possibly “facilitat[ing] excessive restrictions” to basic rights. The law, which requires that processions involving more than 30 people and assemblies with more than 50 must apply for and receive a “letter of no objection” from the government in advance, is incompatible with article 21 of the International Covenant on Civil and Political Rights (ICCPR), which applies to Hong Kong.
Human Rights Watch has long urged Hong Kong authorities to revise the ordinance to comply with the ICCPR.
Imposing new punishments on Wong and Law, who had already completed their sentences of community service, may violate article 14(7) of the ICCPR, which enunciates the principle of “double jeopardy” that no one shall be “punished again” for the same offense.
In November 2016 and July 2017, Hong Kong courts disqualified a total of six elected pro-democratic legislators. The court decisions were based on a November 2016 judicial interpretation issued by China’s National People’s Congress Standing Committee, changing Hong Kong’s functional constitution during legal proceedings. As a result, pro-democracy voices in Hong Kong’s semi-democratic legislature lost their limited power to reject motions and bill amendments raised by other legislators. The Hong Kong government is expected to organize a by-election for the six vacated seats. At least two of the three student leaders had expressed interest in running for these seats.
Human Rights Watch has documented the surge in politically motivated prosecutions against Hong Kong’s pro-democracy leaders since the Umbrella Movement protests culminated in December 2014. Most were charged with participating in or leading peaceful protests. Human Rights Watch has also documented other forms of official harassment against opposition politicians, such as delays and rejections in registering political parties on political grounds. There were also increased reports of suspected mainland security police following, intimidating, and assaulting democracy advocates, particularly during Chinese President Xi Jinping’s visit to Hong Kong from June 29 to July 1, 2017.
“People are increasingly losing confidence in the neutrality of Hong Kong’s justice system,” Richardson said. “Hong Kong authorities should quash the convictions of peaceful protesters that have raised serious concerns about the long-term prospect for human rights and fundamental freedoms in Hong Kong.”
For more Human Rights Watch reporting on China, Hong Kong, and Tibet, please visit:
https://www.hrw.org/asia/china-and-tibet
For more information, please contact:
In Washington, DC, Sophie Richardson (English, Mandarin): +1-202-612-4341; or +1-917-721-7473 (mobile); or richars@hrw.org. Twitter: @SophieHRW
In Hong Kong, Maya Wang (English, Mandarin): +852-8170-1076 (mobile); or wangm@hrw.org. Twitter: @wang_maya
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