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HONG KONG: Hong Kong has no legal basis to demand that any particular rights be extended to 12 Hong Kong people detained in China while trying to flee by boat and will have to face the law there, the city’s chief executive said on Tuesday (September 22).
The 12 were arrested on Aug. 23 for illegally entering mainland Chinese waters after setting sail from Hong Kong on a ship bound for the autonomous government of Taiwan following an offensive against activists in the former British colony.
LEE: China arrests at least 10 at sea; Hong Kong media say suspects flee to Taiwan
His failed attempt to flee to Taiwan has highlighted the fears many people feel in semi-autonomous Hong Kong about what they see as China’s determination to end any push for more democracy in the financial center.
Chinese police have said the 12 were suspected of illegally crossing the border. The Chinese Foreign Ministry has called them “separatists.”
At her weekly press conference, Hong Kong CEO Carrie Lam was asked if she could guarantee that the 12 would receive human rights guarantees such as the presumption of innocence, a fair trial and legal representation.
“We don’t have the legal basis to do the things you want us to do,” he said.
The mainland Chinese authorities have said that the legitimate rights of the 12 were being protected in accordance with the law.
China’s legal system is controlled and loyal to the ruling Communist Party, which means that the courts do not often challenge the party’s or government’s accusations.
READ: Relatives of 12 Hong Kong people arrested by China demand access for their own lawyers
Lam said the 12 would have to face the law in mainland China before they could return to Hong Kong to face justice for any crimes committed at home.
All 12 were suspected of crimes in Hong Kong related to the anti-government protests that broke out last year. Ten had been charged, released on bail and were not allowed to leave the city.
They are being detained in the neighboring city of Shenzhen.
His fate is being watched closely in Hong Kong amid apprehension over Beijing’s increased control over the city, especially since it imposed a national security law in June.
The Beijing and Hong Kong governments say the law aims to combat subversion, separatism, terrorism and collusion with foreign forces.
Critics say it undermines the special status the city was granted when Britain handed it over to China under the “one country, two systems” formula in 1997.
Supporters of the law say it will bring stability and safeguard prosperity after a year of unrest.
