(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.
