Top UK Barrister Quits Prosecution Case

QC David Perry has prosecuted many cases in Hong Kong

A few days ago there was a lot of surprise when the Hong Kong government announced it had hired a top barrister from the UK to prosecute nine high profile pro-democracy activists including Apple Daily founder Jimmy Lai Chee-ying, Martin Lee Chu-ming, Margaret Ng Ngoi-yee, and Lee Cheuk-yan for illegal assembly in Causeway Bay on August 18, 2019.

Queen's Counsel David Perry is considered a "top silk" and he has successfully prosecuted many other cases for the government, such as former chief executive Donald Tsang Yam-kuen for misconduct in public office, former chief secretary Rafael Hui Si-yan for bribery, Nancy Kissel the "milkshake murderer", and former feng shui master Peter Chan.

Protest march in Victoria Park, August 18, 2019

When the Hong Kong government made the announcement on January 12, Perry had already agreed to take on the case, but there were a lot of questions.

One is, why couldn't a top lawyer in Hong Kong be found instead as he or she is being paid with taxpayer money, but it seems the government is keen on draining the city's coffers wherever possible.

Second we're in the midst of a pandemic -- and the UK is in a terrible wave at the moment barring all Hong Kong residents from returning for now. Is it really prudent to have Perry come over and be exempted from quarantine?

Third, the global optics of a Brit prosecuting democracy activists in Hong Kong who are trying to uphold the rights and freedoms enshrined in the Basic Law is ironic. 

Lawyer Ng was charged with illegal assembly

Fourth, does Perry understand his client is really Beijing and paying him to do its bidding? Can he sleep at night knowing this?

But as soon as word got out in the UK, there was a massive uproar with British Foreign Minister Dominic Raab leading the charge.

He said he couldn't understand how anyone in good conscience could take up such a case, adding that people would regard the move as being "pretty mercenary".

Raab, who is a former lawyer himself, also said getting Perry to take up the case was a "serious PR coup" for Beijing. Not to mention the fat payment he would have received for his services.

So today it was surprising to hear the news that Perry had pulled out of the case. Hong Kong's Department of Justice said on Wednesday that Perry "expressed concerns about such [political] pressures and the exemption of quarantine, and indicated that the trial should proceed without him."

Perhaps Perry at first thought it was a good gig, but the political pressure was too much to bear. Or that it looked bad he would be exempt from quarantine and the criticism wouldn't end? 

Lai was also charged in the same case

In any event the DOJ has said a local barrister has been hired, but no name revealed.

Secretary for Justice Teresa Cheng Yeuk-wah said she was shocked -- shocked -- at the "disgraceful" attacks and political pressure.

"For such a reputable British Queen's Counsel to come to Hong Kong for a case which, in turn, surprisingly attracted so much unfair and biased attacks and views in Britain, it was not us underestimating [the backlash] at all," she said. "We are just shocked and could not have seen it coming."

It is bizarre that Cheng could not forsee the possible backlash of hiring Perry -- everything these days is political in Hong Kong. Even where you shop and eat represents your political stripes.

In fact the prosecution of these pro-democracy activists is a political act in itself.

Cheng was "shocked" Perry would be attacked

Did she not think about that?