CSIS is a prominent Washington think tank focusing on US foreign policy and national security issues. It provides strategic insights and policy solutions to the US government, international institutions and the private sector.
Scott Kennedy, trustee chair in Chinese business and economics, and two of his colleagues visited Hong Kong in September 2023 to conduct their research. They met officials, former officials, business community members, investors, scholars, journalists and non-governmental organisations.
One can only assume that the trio felt utterly safe and comfortable conducting their research, notwithstanding their apparent grave concerns about the national security law introduced by the central government in 2020.
US consul general for Hong Kong and Macau Gregory May was the keynote speaker online. He endorsed the strength of people-to-people relationships between the US and Hong Kong, pointed out that the number of US firms in Hong Kong remains stable and highlighted that the US government was concerned about the political relationship and alleged erosion of freedoms.
In 2019, the proposed extradition bill prompted many critics to suggest that Hong Kong would use it to send people across the border to stand trial, claiming it would compromise Hong Kong’s judicial system and signal the demise of “one country, two systems”.
Barristers pose for a group photo after the senior counsel appointment ceremony at the Court of Final Appeal building in Hong Kong on May 11. Photo: Yik Yeung-man
However, even after the extradition bill was withdrawn, cases prosecuted since the implementation of the national security law, including that of Jimmy Lai Chee-ying, are being tried under Hong Kong’s legal system based on British common law principles.
The consul general also cited the release of Lai and the Hong Kong 47 as integral to the US re-establishing normal relations with our city. The 47 are the first to be accused of subversion under the national security law; 31 of them pleaded guilty before the trial commenced, and out of the remaining 16, 14 have been found guilty and two acquitted.
Meanwhile, Lai faces multiple charges and is going through due process of law in Hong Kong. His case is under intense scrutiny and regularly reported in the media. Just like in any other legal case, the defendant has the right to appeal to the Court of Appeal and, if that fails, to the Court of Final Appeal.
The US focus on the Lai trial could be seen as a bid to divert attention from the case of Julian Assange, who risks the death penalty if extradited to the United States from the United Kingdom for exposing alleged US war crimes in Afghanistan and Iraq. That the British High Court allowed Assange to appeal his extradition raises the question: will British judges be the next target of Washington’s sanctions?
Perhaps not. The US government seems more intent on threatening to sanction Hong Kong judges who participate in national security trials and, more recently, members of the International Criminal Court for following its chief prosecutor’s decision to seek arrest warrants for Israeli and Hamas leaders over alleged war crimes. The American willingness to arbitrarily attack other sovereign legal systems because it disagrees with their processes or rulings reflects its double standards.
US consul general Gregory May attends the opening ceremony of the Harvard Project for Asian and International Relations 2023 Asia Conference in Hong Kong on August 23. Photo: Jonathan Wong
In the case of Hong Kong, the US is using the threat of sanctions to intimidate our judges and undermine our legal independence, which is enshrined under one country, two systems.
Unfortunately, the US recently issued a heightened travel alert for Hong Kong, advising its citizens to exercise increased caution “due to the arbitrary enforcement of local laws”. Sadly, such unjust notices do little to encourage more significant interaction.
Thankfully, law-abiding American businesspeople and tourists understand they have no cause for concern when travelling to Hong Kong. They soon realise they are much safer in Hong Kong than in cities in their own country. If anything, they may find the alert confusing and misleading.
The ongoing negative narrative shows us that significant work remains ahead and that fostering direct people-to-people engagement will be crucial to achieving a favourable outcome for all stakeholders.
Bernard Chan is a Hong Kong businessmanandformer Executive Council convenor
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