April 8, 2003

The immigration director breached international laws designed to prevent a repeat of the religious persecution perpetrated by Nazis against Jews when he barred four Falun Gong practitioners from entering Hong Kong, according to a High Court writ.

The four practitioners, who are from Taiwan, and the chairman of the Hong Kong Society for Falun Gong, Kan Hung-cheung, claim in the 24-page writ filed yesterday that the director's decision was based "solely or substantially" on their religious and spiritual beliefs rather than rational or legitimate grounds for immigration control.

They are asking the courts to declare the decision to refuse them entry on February 21 and 22 illegal and overturn it. The four practitioners - named as Theresa Chu Woan-chyi, Liao Hsiao-lan, Lu Lih Ching and Chang Jenn-yeu - were due to attend a conference for Falun Gong members held at the Sheraton Hotel on February 22. However, they were stopped by immigration control officers at the airport. The four are seeking general damages to recoup the cost of their plane tickets and other expenses incurred. The writ further claims that two of the practitioners, Liao and Lu, were made to remain sitting and were not offered food or water during their overnight detentions, for which they are seeking exemplary damages. Lu and Chang also say they were bundled beneath a blanket "without warning" and forcibly put on a plane, during which Lu sustained serious bruising.

It said all four had clean records and were holding return tickets and entry permits.

"This application raises an issue of fundamental importance for the applicants and the many millions of fellow Falun Gong practitioners around the world," the writ states.

"Its outcome will affect the ability of Falun Gong practitioners from overseas to visit the Hong Kong special administrative region in the future, especially for Falun Gong organised conferences and other events." It alleges that in barring the four practitioners' entry to Hong Kong, the director of immigration contravened the Hong Kong Bill of Rights, the Basic Law and the International Covenant on Civil and Political Rights (ICCPR). It says that one of the tenets of the ICCPR is religious freedom, which should remain untouchable even in times of national emergency.

The ICCPR was drafted to incorporate the basic freedoms enshrined in the Universal Declaration of Human Rights - which was designed prevent a repeat of the types of atrocities committed by the Nazi regime against Jews.

Local Falun Gong chairman Mr Kan also says that the removal of the four breached his right to maintain and develop relations with fellow Falun Gong practitioners as guaranteed under the Basic Law.