The Harsh Reality of China's Judicial System

Family members hold hands during this afternoon's press conference

This afternoon a press conference was held by the families of the 12 arrested by mainland authorities on August 23 for illegally entering China when they were trying to flee to Taiwan.

All the family members were hooded, wearing hats, sunglasses and masks, keeping their identities as hidden as possible though speaking out in public.

They did not reveal their own names, but said are desperate to know the whereabouts of their loved ones and if they are OK or not.

The families are appealing for help from both governments

One woman, the mother of Tang Kai-ying, 30, is very worried about her son, as he needs daily doses of drugs to treat his asthma and skin conditions.

"Every night now I can't sleep. I worry that he has no medicine to cope with his condition," she sobbed. "Please let me know whether he is alive or not."

Sadly for these families, this is their harsh introduction to how mainlanders face the legal system in China.

Chinese relatives never get to see their loved ones before trial, they don't necessarily get to hire a lawyer for them -- one is usually appointed to them, and the chances of conviction are very high.

However in Hong Kong, we are used to legal procedures that are followed, such as having access to a lawyer, the right to remain silent, and the right to appeal for bail.

Which is why these families have hired mainland lawyers for their partners or children -- one as young as 16-years-old -- but the Chinese authorities refuse to give them access to their clients.

China's coast guard arrested the 12 for illegal entry August 23

In the case of Li Tze-yin, 29, his mother said the lawyer she appointed was not allowed to meet her son in a detention cente in Shenzhen's Yantian district on Thursday even though they had prepared notarized documents as previously requested.

Officers said Li had already appointed two defense lawyers.

"I'm sure my son won't do this. We have no relatives on the mainland and don't know anyone there," she said.

The families, including the wife of 29-year-old Wong Wai-yin, said efforts in getting help from both the mainland and local governments were met with dead ends.

"I felt we were being treated like balls, kicked between different departments. No concrete help has been given so far," she said, urging Lam's administration to help them in getting the 12 back to the city for trial.

However, the cold reality is that this was not a boating or fishing expedition where they mistakenly drifted into Chinese waters -- they were attempting to flee from Hong Kong to Taiwan and were caught.

Appealing to Carrie Lam won't help the 12 detained in China

As a result, they were arrested by mainland authorities, and according to Chinese law, can be held in detention there for a year.

Their arrest was not reported immediately, but several days later, which one could speculate officials higher up were notified to discuss what to do with the 12 Hongkongers.

It is shocking and sad this has happened to them and their families, being unable to know how they are and to get them the legal representation they think they need.

But they must face a crime on Chinese soil and the judicial system there is very opaque.

Appealing to Chief Executive Carrie Lam Cheng Yuet-ngor won't help either -- especially since some of them were try to escape facing trial in Hong Kong. No mercy there.

The families of the 12 can only pray that their loved ones have a strong enough will to survive in isolation, and possibly physical torture.

We have seen cases like this over and over in China, mortified at how those accused and later convicted are treated, violating their human rights. This is a brutal wake-up call that this is happening now to Hongkongers.