Escolar Documentos
Profissional Documentos
Cultura Documentos
PROSECUTIONS DIVISION
EVIDENC
2016
CASE
NUMBER:
NOTES
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00008628
CASE
THE CASE I WILL BE LOOKING INTO IS HONG KONGS RECENT CASE
REGARDING THE DISAPPEARANCE OF STAFF MEMBERS WORKING FOR LOCAL
HONG KONG BOOKSTORE, CAUSEWAY BAY BOOKS. AS OF JANUARY 2016, FIVE
EMPLOYEES
OF
THE
STORE
HAD
GONE
MISSING.
EACH
OF
THE
DISAPPEARANCES WERE LINKED TO THE MIGHTY CURRENT, A BOOK
PRODUCER THAT IS IMPORTANT TO THE CHINESE GOVERNMENT.
TO DATE, SPECULATIONS HAVE BEEN GIVEN REGARDING THE INVOLVEMENT OF
THE CHINESE COMMUNIST PARTY IN THE BOOKSELLER DISAPPEARANCES.
WORRIES HAVE BEEN BROUGHT FORWARD BY HONG KONG CHIEF EXECUTIVE, C.
Y. LEUNG REGARDING THE MATTER AND HOW THE ABDUCTIONS WOULD BE A
BREACH OF BASIC LAW, ESPECIALLY IF THE MAINLAND AUTHORITIES HAD
INVOLVEMENT. LEE BO, THE MAJORITY SHAREHOLDER OF THE STORE ALSO
WENT MISSING. WHEN HE SENT A LETTER BACK TO HONG KONG STATING THAT
HE WAS SAFE, AND TO CALL OF THE SEARCH FOR A MISSING PERSONS CASE,
SUSPICIONS WERE RAISED VERY RAPIDLY.
IN THIS ASSIGNMENT I WILL BE STATING THE HONG KONG LAWS AND HUMAN
RIGHTS THAT I SUSPECT THE CHINESE COMMUNIST PARTY ARE VIOLATING IN
THIS CASE.
EVIDENCE
SOUTH CHINA MORNING POST [CASE OPENING STATEMENT] - BY THE END
OF 2015, FIVE PUBLISHERS IN HONG KONG HAD GONE MISSING ALL
LINKED TO MIGHTY CURRENT
SOUTH CHINA MORNING POST [04/01/2016] - HTTP://WWW.SCMP.COM/NEWS/
HONG-KONG/LAW-CRIME/ARTICLE/1877932/MISSING-PRESUMED-DETAINEDHONG-KONG-PUBLISHERS-BOOKS (MISSING PERSONS STATEMENT, SPECULATION
OF DETAINED BOOKSELLERS]
SOUTH CHINA MORNING POST [05/01/2016] - H T T P : / /
WWW.SCMP.COM/NEWS/HONG-KONG/LAW-CRIME/
ARTICLE/1897784/CY-LEUNG-HONG-KONGS-MISSINGB O O K S E L L E R S - M A I N L A N D - C H I N A - L A W (C.Y. LEUNG INITIAL
RESPONSE)
WALL STREET JOURNAL [05/01/2016] - H T T P S : / /
W W W . Y O U T U B E . C O M / W A T C H ? V = Y A J E Z B B H G R G (SUSPICION
ARISES)
SOUTH CHINA MORNING POST [05/01/2016] - H T T P : / /
WWW.SCMP.COM/NEWS/HONG-KONG/LAW-CRIME/
ARTICLE/1897863/DISAPPEARANCE-BOOKSTOREO W N E R - G O E S - A G A I N S T - O N E - C O U N T R Y - T W O (ONE COUNTRY,
TWO SYSTEMS VIOLATION CLAIMS)
SOUTH CHINA MORNING POST [07/01/2016] - H T T P : / /
WWW.SCMP.COM/NEWS/HONG-KONG/LAW-CRIME/
ARTICLE/1898573/HONG-KONG-ACTIVISTS-VOWL O D G E - C O M P L A I N T - U N - O V E R - M I S S I N G (COMPLAINT TO
UNITED NATIONS MADE)
SOUTH CHINA MORNING POST [09/01/2016] - H T T P : / /
WWW.SCMP.COM/NEWS/HONG-KONG/LAW-CRIME/
ARTICLE/1898997/VANISHING-HONG-KONGB O O K S E L L E R S - E X T R E M E L Y - W O R R Y I N G - S A Y S - E U (EU
STATES THEIR WORRIED)
SOUTH CHINA MORNING POST [11/01/2016] - H T T P : / /
WWW.SCMP.COM/VIDEO/HONG-KONG/1899763/
THOUSANDS-HONG-KONG-PROTESTERS-MARCH-DEMANDR E L E A S E - M I S S I N G - B O O K S E L L E R S (PUBLIC DEMONSTRATION
HELD)
CONFIDENTIAL
PROPOSED
HONG KONG LAW VIOLATIONS
IN THIS SECTION, I WILL BE STATING THE HONG KONG LAWS THAT I
ACCUSE THE MAINLAND GOVERNMENT OF VIOLATING IN THE HONG KONG
BOOKSELLER CASE.
ARTICLE 28
THE FREEDOM
INVIOLABLE.
OF
THE
PERSON
OF
HONG
KONG
RESIDENTS
SHALL
BE
I PUT FORTH THIS ARTICLE OF THE HONG KONG BASIC LAW AS A RESULT OF
IT CLEARLY BEING VIOLATED, AND I ACCUSE THE CHINESE COMMUNIST
PARTY OF VIOLATING THIS LAW. THE ARTICLE STATES THAT NO HONG KONG
RESIDENT SHALL HAVE THEIR RIGHT TO FREEDOM TAKEN FROM THEM. IT IS
CLEAR THAT IF THE CHINESE GOVERNMENT HAVE ABDUCTED THE BOOKSELLERS
FROM CAUSEWAY BAY BOOKS, IT IS A BREACH OF ARTICLE 28 AS ABDUCTING
HONG KONG RESIDENTS AND TAKING AWAY THEIR FREEDOM DOES NOT ABIDE
BY THIS LAW.
ARTICLE 29
THE HOMES AND OTHER PREMISES OF HONG KONG RESIDENTS SHALL BE
INVIOLABLE. ARBITRARY OR UNLAWFUL SEARCH OF, OR INTRUSION INTO, A
RESIDENT'S HOME OR OTHER PREMISES SHALL BE PROHIBITED.
I ALSO BELIEVE THAT ARTICLE 29 HAS BEEN VIOLATED BY THE CHINESE
COMMUNIST PARTY. THE ARTICLE STATES THAN NO RESIDENT OF THE HONG
KONG SPECIAL ADMINISTRATIVE REGION SHOULD BE INTRUDED. THIS LAW
WAS BREACHED UPON THE ABDUCTION OF LEE BO FROM HIS PREMISES (HIS
BUSINESS LOCATION). THIS IS CLEARLY NOT CONFORMING TO THE STATED
LAW.
ARTICLE 31
HONG KONG RESIDENTS SHALL HAVE FREEDOM OF MOVEMENT WITHIN THE
HONG KONG SPECIAL ADMINISTRATIVE REGION AND FREEDOM OF EMIGRATION
TO OTHER COUNTRIES AND REGIONS. THEY SHALL HAVE FREEDOM TO TRAVEL
AND TO ENTER OR LEAVE THE REGION. UNLESS RESTRAINED BY LAW,
HOLDERS OF VALID TRAVEL DOCUMENTS SHALL BE FREE TO LEAVE THE
REGION WITHOUT SPECIAL AUTHORISATION.
I STRONGLY ACCUSE THE CHINESE GOVERNMENT OF VIOLATING ARTICLE 31
THAT STATES THAT ALL RESIDENTS OF HONG KONG HAVE THE FREEDOM OF
MOVEMENT, AND CAN LEAVE, AS WELL AS RETURN TO HONG KONG AT ANY
POINT. I AM MAKING THIS CLAIM AS I BELIEVE THAT THE CHINESE
GOVERNMENT HAVE ABDUCTED AND DETAINED THE BOOKSELLERS. AS A
RESULT, THEY ARE STRIPPED OF THEIR RIGHT TO BE ABLE TO RETURN TO
HONG KONG, HENCE BREACHING ARTICLE 31.
ARTICLE 38
HONG KONG RESIDENTS SHALL ENJOY THE OTHER RIGHTS AND FREEDOMS
SAFEGUARDED BY THE LAWS OF THE HONG KONG SPECIAL ADMINISTRATIVE
REGION.
IT IS ALSO CLEAR THAT ARTICLE 38 IS BREACHED AS MORE THAN ONE HONG
KONGS BASIC LAW ARTICLES HAVE BEEN BROKEN. I STRONGLY ACCUSE
CHINA OF VIOLATING HONG KONGS BASIC LAW ON AT LEAST THREE
SEPARATE ACCOUNTS. AS A RESULT OF THIS, ARTICLE 38 HAS CLEARLY
BEEN BREACHED.
SHALL
BE
SUBJECTED
TO
ARBITRARY
ARREST,
UPON HIS HONOUR AND REPUTATION. EVERYONE HAS THE RIGHT TO THE
PROTECTION OF THE LAW AGAINST SUCH INTERFERENCE OR ATTACKS.
ARTICLE 13: (1) EVERYONE HAS THE RIGHT TO FREEDOM OF MOVEMENT AND
RESIDENCE WITHIN THE BORDERS OF EACH STATE.
(2) EVERYONE HAS THE RIGHT TO LEAVE ANY COUNTRY, INCLUDING HIS
OWN, AND TO RETURN TO HIS COUNTRY.
ARTICLE 18: EVERYONE HAS THE RIGHT TO FREEDOM OF THOUGHT,
CONSCIENCE AND RELIGION; THIS RIGHT INCLUDES FREEDOM TO CHANGE HIS
OR BELIEF, AND FREEDOM, EITHER ALONE OR IN COMMUNITY WITH OTHERS
AND IN PUBLIC OR PRIVATE, TO MANIFEST HIS RELIGION OR BELIEF IN
TEACHING, PRACTICE, WORSHIP AND OBSERVANCE.
ARTICLE 19: EVERYONE HAS THE RIGHT TO FREEDOM OF OPINION AND
EXPRESSION; THIS RIGHT INCLUDES FREEDOM TO HOLD OPINIONS WITHOUT
INTERFERENCE AND TO SEEK, RECEIVE AND IMPART INFORMATION AND IDEAS
THROUGH ANY MEDIA AND REGARDLESS OF FRONTIERS.
ARTICLE 28: EVERYONE IS ENTITLED TO A SOCIAL AND INTERNATIONAL
ORDER IN WHICH THE RIGHTS AND FREEDOMS SET FORTH IN THIS
DECLARATION CAN BE FULLY REALIZED.
ARTICLE 29: (1) EVERYONE HAS DUTIES TO THE COMMUNITY IN WHICH
ALONE THE FREE AND FULL DEVELOPMENT OF HIS PERSONALITY IS
POSSIBLE.
(2) IN THE EXERCISE OF HIS RIGHTS AND FREEDOMS, EVERYONE SHALL BE
SUBJECT ONLY TO SUCH LIMITATIONS AS ARE DETERMINED BY LAW SOLELY
FOR THE PURPOSE OF SECURING DUE RECOGNITION AND RESPECT FOR THE
RIGHTS AND FREEDOMS OF OTHERS AND OF MEETING THE JUST REQUIREMENTS
OF MORALITY, PUBLIC ORDER AND THE GENERAL WELFARE IN A DEMOCRATIC
SOCIETY.
(3) THESE RIGHTS AND FREEDOMS MAY IN NO CASE BE EXERCISED CONTRARY
TO THE PURPOSES AND PRINCIPLES OF THE UNITED NATIONS.
ARTICLE 30: NOTHING IN THIS DECLARATION MAY BE INTERPRETED AS
IMPLYING FOR ANY STATE, GROUP OR PERSON ANY RIGHT TO ENGAGE IN ANY
ACTIVITY OR TO PERFORM ANY ACT AIMED AT THE DESTRUCTION OF ANY OF
THE RIGHTS AND FREEDOMS SET FORTH HEREIN.
JUSTIFICATIONS
ARTICLE 12
IN THE HONG KONG BOOKSTORE CASE, ARTICLE 12 IS VIOLATED AS IT
STATES THAT NO INDIVIDUAL SHOULD HAVE THEIR PRIVACY INTERFERED AND
TO BE ATTACKED. I ACCUSE THE CHINESE GOVERNMENT OF VIOLATING THIS
HUMAN RIGHT AS THEY WOULD HAVE HAD TO INTERFERE WITH THE PRIVACY
OF THE BOOKSELLERS BY ABDUCTING THEM FROM THEIR PLACE OF WORK.
THIS IS CLEARLY NOT COMPLYING WITH THE WORDS AND PHRASES STATED IN
ARTICLE 12 OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS.
ARTICLE 13
MUCH LIKE THE ARTICLE STATED IN THE HONG KONG BASIC LAW, ARTICLE
13 STATES THAT ALL PEOPLE HAVE THE RIGHT TO MOVE BETWEEN BORDERS,
AND TO LEAVE/RETURN TO THEIR OWN COUNTRY. SHOULD THE EMPLOYEES BE
IN CUSTODY OF THE CHINESE GOVERNMENT, ARTICLE 13 OF THE
DECLARATION WOULD BE VIOLATED.
ARTICLE 28
THIS ARTICLE STATES THAT ALL INDIVIDUALS ARE ENTITLED TO BOTH
LOCAL AND INTERNATIONAL ORDER. I STRONGLY BELIEVE THAT THIS IS NOT
THE CASE, AND SHOULD CHINA BE INVOLVED, THEY WOULD HAVE VIOLATED
THIS LAW AS THE ACT OF KIDNAPPING IS NOT LOCAL, NOR INTERNATIONAL
ORDER.
CONFIDENTIAL
CONFIDENTIAL
CLOSING COMMENTS
HOW WELL DO THESE LAWS PROTECT HONG KONG CITIZENS?
IN MY OPINION, ALTHOUGH THE HONG KONG AUTHORITIES HAVE YET TO TAKE
SUBSTANTIAL MEASUREMENTS REGARDING THE CASE, I BELIEVE THAT HONG
KONG DO HAVE A SOLID LEGAL SYSTEM WITH FAIR LAWS THAT ARE
IMPLEMENTED FOR THE SOLE REASON OF ENSURING THEIR CITIZENS NOT
ONLY ARE SAFE, BUT ALSO THAT THEY FEEL SAFE AND NOT MISJUDGED. IT
IS CLEARLY APPARENT THAT CITIZENS OF HONG KONG FEEL SAFE, MUCH
MORE SO THAN IN COMPARISON TO OTHER MAJOR ASIAN CITIES. RESIDENTS
OF HONG KONG FEEL AS IF THEY ARE ABLE TO SPREAD THEIR VIEWS
WITHOUT DISCRIMINATION OR CHANCES OF PROSECUTION. THE CRIME RATE
IN HONG KONG IS ONE OF THE LOWEST IN THE WORLD, REINFORCING THE
FACT THAT IT IS A SAFE CITY AND PROVES THE EFFECTIVENESS OF THE
LAWS IN THE REGION.