2023年11月12日 星期日

10 foreign Catholic leaders signed a petition urging the release of Jimmy Lai. The Hong Kong government: a smear campaign that may constitute contempt of court

 Recently Sing Tao Toutiao in Hong Kong reported the following:

The petition (source: catholicherald.co.uk)













10名外國天主教領袖聯署促放黎智英 港府批抹黑:極可能構成藐視法庭

星島頭條

 更新時間:19:21 2023-11-09

發佈時間:19:21 2023-11-09      

特區政府指十名外國天主教領袖聯署涉誤導和抹黑言論,表示堅決反對和強烈不滿。

壹傳媒創辦人黎智英涉串謀勾結外國勢力案,經三名法官討論後案件押後至1218日開審,黎智英還押至今已超過1000日。根據外媒報道,共10位天主教樞機及總主教聯署,呼籲香港特區政府即時無條件釋放黎智英。特區政府今日(9日)指,10名外國天主教領袖聯署涉誤導和抹黑言論,表示堅決反對和強烈不滿。

香港天主教區 : 沒有人邀請周守仁樞機聯署

香港天主教社會傳播處回覆《星島頭條》查詢表示,沒有人邀請周守仁樞機聯署;基於事件仍在司法程序中,樞機個人也不理解相關案情,所以天主教香港教區沒有進一步回覆,惟表示「周樞機祝願黎弟兄(黎智英)內心平安。」

 特區政府發言人指,特區政府堅決反對和強烈不滿該等外國天主教領袖作出顛倒是非的言論,對香港特區內部事務和香港特區法院行使獨立審判權作出不當干預。任何人不論其身分為何,企圖干預香港特區的司法程序,以促使任何被告人逃避應有的司法審判,都是公然破壞香港特區法治,「作出任何有意圖干擾或妨礙司法公正的行為或發表該等言論,或作出有同樣意圖的行為,極有可能構成刑事藐視法庭罪或妨礙司法公正罪。」

發言人重申,本港是法治社會,《基本法》第25條保障香港居民在香港法律面前一律平等,特區執法部門一直根據證據、嚴格依照法律,以及就有關人士的行為而採取執法行動,與其職業、政治理念或背景無關。「任何人倡議某類人可以因其身分享有特權,縱使犯法亦無須被拘捕或面對法律制裁,是完全違反法治精神。包括新聞從業員在內的任何人都必須遵守法律。」

發言人指,《基本法》第85條訂明,香港特區法院獨立進行審判,不受任何干涉。香港特區司法機關依法獨立行使審判權,而所有面對刑事指控的人都享有接受公平審訊的權利。法院嚴格按照證據和所有適用法律判案,案件不會因涉案者的職業、政治理念或背景而在處理上有所不同;而控方有責任在毫無合理疑點下證明被告人犯罪,被告人才可被法庭定罪。就所有涉及黎智英的案件,他充分行使其辯護權和上訴權,由擁有獨立審判權的法庭在公開審訊及聆訊後基於適用法律、事實和證據作出裁決和判刑(如有),而判刑理據亦已在公開的判刑理由書中詳細解釋。

港府強烈敦促外國天主教領袖停止干預內部事務

發言人強調香港特區定當繼續依法有效防範、制止和懲治危害國家安全的行為和活動,同時依法保障香港市民的權利和自由。特區政府強烈敦促該等外國天主教領袖認清事實,立即停止干預香港特區內部事務和特區法院行使獨立審判權。

聯署於111日由10名天主教樞機及總主教發起,要求港府即時無條件釋放黎智英。10名天主教樞機及總主教所屬地區包括美國、印度、澳洲、立陶宛、英國等地。

My Translation:

The Special Administrative Region (SAR) government pointed out that ten foreign Catholic leaders signed a joint statement involving misleading and slanderous remarks, expressing firm opposition and strong indignation.

Next Media founder Jimmy Lai (黎智英)was involved in a case of conspiracy to collude with foreign forces. After discussion by three judges, the case was adjourned to December 18. Jimmy Lai had been remanded in custody for more than 1,000 days. According to foreign media reports, a total of 10 Catholic cardinals and archbishops signed a petition calling on the Hong Kong SAR government to immediately and unconditionally release Jimmy Lai. The SAR government said today (9th) that 10 foreign Catholic leaders signed a joint statement that involving misleading and slanderous remarks and because of that expressed firm opposition and strong indignation.

Catholic Diocese of Hong Kong: No one invited Cardinal Chow Shouren to sign

The Catholic Social Communications Office of Hong Kong responded to an inquiry by "Sing Tao Toutiao " and stated that no one invited Cardinal Chow Shouren (周守仁)to co-sign. Since the matter was still in judicial proceedings and the cardinal personally did not understand the related circumstances, the Catholic Diocese of Hong Kong did not reply further, but stated that "Chow Shouren the Cardinal wishes Brother Lai (Jimmy Lai) peace of mind."

A spokesman for the Hong Kong SAR government said that the government was firmly opposed to and strongly dissatisfied with the confusing remarks made by these foreign Catholic leaders, and also their inappropriate interference in the internal affairs of the Hong Kong SAR, and in the exercising of independent judicial power by Hong Kong SAR courts. Any person, regardless of his or her identity, who attempted to interfere with the judicial proceedings of HKSAR to enable any defendant to evade due justice would be a blatant violation of the rule of law in the Hong Kong SAR, “attempts to interfere with the judicial proceedings, or to make such statements to that effect, or to perform acts with the same intention, are likely to constitute criminal contempt of court or obstruction of justice."

The spokesman reiterated that Hong Kong was a society governed by the rule of law. Article 25 of the Basic Law guaranteed that Hong Kong residents were equal before Hong Kong law. The SAR law enforcement agencies had always taken law enforcement actions based on evidence in strict accordance with the law, and on the behavior of relevant persons regardless of his or her profession, political beliefs, or background. "Anyone suggesting that a certain category of people should be entitled to privileges because of their status, even if breaking the law will not need to be arrested or face legal sanctions, is completely contrary to the spirit of the rule of law. Everyone, including journalists, must abide by the law."

The spokesman pointed out that Article 85 of the Basic Law stipulated that the courts of the Hong Kong SAR shall conduct trials independently without any interference. The judicial authorities of the Hong Kong SAR independently exercise judicial power in accordance with the law, and all persons facing criminal charges had the right to a fair trial. The court would judge the case strictly in accordance with the evidence and all applicable laws. The case would not be handled differently based on the occupation, political philosophy or background of the person involved; and the prosecution had the responsibility to prove beyond reasonable doubt that the defendant had committed the crime and only than the defendant would be convicted by the court. In all cases involving Jimmy Lai, he had fully exercised his rights of defense and appeal, and a court with independent trial power had made a decision and sentencing (if any) based on applicable law, facts and evidence after public trials and hearings. The reasons for the sentencing had also been explained in detail in the “Letter of reasons for sentencing”.

Hong Kong government strongly urged foreign Catholic leaders to stop interfering in internal affairs

The spokesman emphasized that the Hong Kong SAR would continue in accordance with the law to effectively prevent, stop and punish behaviors and activities that endangered national security, while protecting the rights and freedoms of Hong Kong citizens in accordance with the law. The SAR government strongly urged these foreign Catholic leaders to recognize the facts and immediately stopped interfering in the internal affairs of the Hong Kong SAR and the Hong Kong SAR courts’ exercising of independent judicial power.

The joint signature was launched on November 1st by 10 Catholic cardinals and archbishops, demanding that the Hong Kong government to immediately and unconditionally release Jimmy Lai. The 10 Catholic cardinals and archbishops came from the United States, India, Australia, Lithuania, the United Kingdom, and other places.

So,10 overseas Catholic cardinals and archbishops launch a joint petition demanding the Hong Kong government to release Jimmy Lai on humanity grounds as he is now 75 years old. It is interesting to note that such a petition is seen by HKSAR as an attempt to interfere with its judicial proceedings, and says that “attempts to interfere with the judicial proceedings, or make such statements to that effect, or perform acts with the same intention, are likely to constitute criminal contempt of court or obstruction of justice." To me its seems that the petition merely expresses the wish of the petitioners and reflects their perspective in what Jimmy Lai has gone through. Probably the cardinals and archbishops will be surprised to know that they are liable to be arrested by the HKSAR for their petition.

Note:

"Sing Tao Toutiao" 《星島頭條》is an all-in-one mobile application that integrates news, videos/live broadcasts etc. to allow readers to browse diversified information launched by the Sing Tao News Group Co., Ltd. (星島新聞集團有限公司). In its web-site this group positions itself as a media company in Hong Kong that aims to become the leading cross-media content and service provider in the global Chinese region. It is listed on the Main Board of the Hong Kong Stock Exchange (stock code: 1105). The group's newspaper business now includes paid and free newspapers in Chinese and English, targeting local and overseas Chinese readers. Recently, the group focuses on the development of new media business, combining traditional media and new media to build a more competitive multimedia platform. In this respect it launched a new all-in-one mobile application "Sing Tao Toutiao" 《星島頭條》APP that integrates news, videos/live broadcasts etc. to allow readers to browse diversified information at any time. (Source: https://www.stheadline.com/aboutus)

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