It is a fundamental principle that an accused person has the right to have access to a lawyer. Yet China’s Ministry of Justice has ordered at least five lawyers not to represent Hongkongers who have been detained in Shenzhen after being intercepted by coast guards. The lawyers appointed by detainees’ families in Hong Kong have been repeatedly denied access to their clients.
This report from the Hong Kong Free Press tells you all you need to know about the state of justice in China and the compromising of the rule of law in Hong Kong itself: https://hongkongfp.com/2020/10/28/lawyers-for-fugitive-hongkongers-detained-in-china-ordered-to-drop-case/
Little wonder that in answer to a question in Parliament the UK Government says:
“Whether judges of the Supreme Court can continue to serve as judges
in Hong Kong will depend on whether such service remains compatible with judicial
independence and the rule of law.”
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Lord Alton of Liverpool – To ask Her Majesty’s Government whether their view has
changed as to whether the national security legislation in Hong Kong constitutes a breach
of the 1984 Sino-British Joint Declaration; and why British judges are permitted to serve
in Hong Kong courts that have responsibility for the implementation of that legislation.
[HL9212]
Lord Ahmad of Wimbledon – As the Foreign Secretary said in Parliament on 1 July, the
enactment of this legislation, imposed by the authorities in Beijing on the people of Hong
Kong, constitutes a clear and serious breach of the Joint Declaration. The UK
Government continues to make clear our concerns to the Chinese and Hong Kong
authorities.
The UK judiciary is independent of the UK Government. The President of the Supreme
Court issued a statement on 17 July noting “The Supreme Court supports the judges of
Hong Kong in their commitment to safeguard judicial independence and the rule of law.
It will continue to assess the position in Hong Kong as it develops, in discussion with the
UK Government. Whether judges of the Supreme Court can continue to serve as judges
in Hong Kong will depend on whether such service remains compatible with judicial
independence and the rule of law.”