Forced to Stay, Forced to Flee

Lai arrives in court to face charges, but leaves in handcuffs

 

Today more developments have prompted people to wonder how much longer they can stay in Hong Kong.

Apple Daily founder Jimmy Lai Chee-ying went to court today to face charges of fraud along with two other employees, Royston Chow Tak-kuen and Wong Wai-keung. They allegedly defrauded a government-owned enterprise by breaching land-lease terms. 

Lai transferred to jail until April 16, 2021

They are accused of improperly subleasing office space to a secretarial firm between June 27, 2016 and May 22, 2020.

While Chow, COO and CFO of Next Digital, and chief administrative officer Wong were granted bail, Lai was not because he was deemed a flight risk.

As a result Lai will be remanded in custody until April 16, 2021 when the case is heard in court.

That means the media tycoon will mark his 74th birthday in jail as well as Christmas, New Year, Chinese New Year and Easter.

The trio could also face allegations of breaching the national security law.  

Meanwhile former opposition lawmaker Ted Hui Chi-fung has declared he is seeking exile in Britain and will not return to Hong Kong.

Hui arrived in Denmark a few days ago

Already suspicions were raised when a picture of him suddenly appeared on Twitter arriving in Denmark. A day or two later it was reported his two parents, wife and two children had also left Hong Kong.

If he goes back he will certainly be arrested as he faces nine charges, some related to last year's anti-government protests, and possible jail time. Hui is out on bail and got permission from the court to travel to Denmark to attend meetings on climate change. How many more will be allowed to do that, now that it is revealed the official invitation was just a ruse to get Hui out?

"There is no word to explain my pain and it's hard to hold back tears," Hui said in a statement on Thursday evening. "Since the national security law, we have fallen into the darkness of tyranny and it breaks my heart to hear the fate of many of my friends." 

Hui told B.T. newspaper: "My whole family feels threatened... If I come back to Hong Kong, there will be very, very serious consequences -- maybe at the airport immediately. It's too early to say where I should go and where I will go."

Hui insists he is not emigrating but in exile

He also resigned from the Democratic Party, and insisted he was not emigrating.

"My personal determination is that my exile will not be a migration. My only home is Hong Kong," he said, adding he would only return when the "bells of freedom" are ringing here.

Sadly Hui may never hear the bells of freedom ringing in Hong Kong. The repression continues daily and no one knows when it will end.

Lawmakers Released, but Activist Captured

A crowd of supporters cheered as Hui and Lam emerged after paying bail

A couple of hours ago, Democratic Party lawmakers Ted Hui Chi-fung and Lam Cheuk-ting were released on bail, though they surrendered their passports. They walked out of the West Kowloon Magistrates Courts, both pumping their fists in the air to cheers of supporters.

Lam wore a black T-shirt with the word "Justice", and called for Hongkongers to remain united and keep resisting Chief Executive Carrie Lam Cheng Yuet-ngor and authoritarianism, and continue to support protesters who are facing trial.

Thundering reception for Lam Cheuk-ting and Ted Hui as they step out of the West Kowloon courts, bailed on $15,000 and $5,000 respectively and having surrendered their passports. pic.twitter.com/xKpweP27zc

— Ryan Ho Kilpatrick 何松濤 (@rhokilpatrick) August 27, 2020

 

Meanwhile Hui, wore the same clothes as yesterday, posted a message on Facebook:

"Many of us might feel afraid, disappointed and helpless, some may also start to worry whether I will give up the things I'm doing, the belief I hold, or even my determination to pursue democracy. I can tell you all with certainty that I am not afraid. There is no room to yield and thus I will not back down. Mediating at scenes of confrontation is our duty as Legislative Councillors. It is my responsibility to protect citizens from violence and harm," he wrote.

Guangdong Coast Guard intercepted a boat from Hong Kong

"Legislative Councillors act as citizens' shield. If our shield is compromised, large-scale score settling will follow. Localists, Democrats or even ordinary citizens will not be spared."

Earlier in the day the Guangdong Coast Guard posted on its social media that it had intercepted a boat on August 23 with 12 people on board, all from Hong Kong.

Why the coast guard did not reveal this information sooner was not explained, but it is now revealed that the Hongkongers were allegedly fleeing to Taiwan for political asylum, and one of them on board is Andy Li, who was recently arrested under the new national security law.

It is not clear on what law they will be charged of violating, but if confirmed, it would be a rare instance of Chinese authorities arresting people from Hong Kong trying to leave the city.

Andy Li was one of those arrested trying to go to Taiwan

Li was arrested on August 10 for alleged collusion with foreign forces and money laundering. That was the same day that Apple Daily founder Jimmy Lai Chee-ying and activist Agnes Chow Ting were arrested too for allegedly violating the national security law, and fraud.

Police sources have accused Li of being a suspected key member of an online group called "Fight for Freedom, Stand with Hong Kong" (SWHK), which they said had continued to call for international sanctions after the new law took effect.

When asked about the news of the people arrested by the Guangdong coast guard, police chief Chris Tang Ping-keung said he had no details about it as it was not a joint operation. Under mainland law, illegal immigrants can be detained for up to a year before being expatriated.

Police Chief Tang has no further details on the arrest

Why did Li decide to flee this way? Did he know the risks of what he was doing?

It may be difficult to find out more about his case now that Li and the others are in Chinese custody...

Two Cities, Two Trials

Ho Chio-meng will be facing 1,970 charges against him next month

Former Hong Kong Chief Executive Donald Tsang Yam-kuen will be facing three charges against him in a trial by jury that starts in January.

But that's nothing compared to Macau's former top prosecutor who will face almost 2,000 criminal charges when he appears in court next month.

Ho Chio-meng was prosecutor general, equivalent to Hong Kong's director of public prosecutions, from 1999 to 2014.

Former CE Donald Tsang will be going on trial in January

He was even tipped to become Macau's chief executive, but that possibility has been dashed, as Ho is accused of 1,970 charges, including initiating or founding a criminal syndicate, fraud, money laundering, unlawful economic advantage, abuse of power, and forging documents. He also faces a charge of "damaging goods under his domain".

An investigation into alleged corruption and kickbacks involving at least HK$44 million has led to the arrest of more than 70 suspects to date.

Ho and others will face trial on December 5.

Since his arrest in February when he tried to board a ferry to Hong Kong, Ho has been locked up in the same prison annexe as disgraced former public works secretary Ao Man-long, who is serving a 27-year term and is the highest ranking public official ever convicted of corruption in Macau. If convicted, Ho will be the second.

Rafael Hui is serving a 7 1/2 year sentence for taking bribes

There was a three-year investigation into Tsang's case, and he is the highest ranking government official in Hong Kong to face a corruption trial. His deputy Rafael Hui Si-yan was jailed for seven years in 2014 for taking bribes worth HK$34 million from Thomas Kwok Ping-kwong and Raymond Kwok Ping-luen. Thomas Kwok is serving a five-year sentence.

No doubt residents in both Hong Kong and Macau will be watching both trials closely...

China's Legal Eagles Silenced

Beijing lawyer Xia Lin was convicted of fraud and jailed for 12 years

The hope to change China from within through a civil society has suffered yet another setback with the jailing of Beijing lawyer Xia Lin, who was sentenced to 12 years in prison for fraud.

At his sentencing, Xia, his wife and supporters vehemently rejected the prosecutors' claim that he had defrauded four people of 4.8 million yuan (US$780,000).

But Xia and his supporters say the funds were legitimate loans, and that the charge was a reprisal for his combative legal work.

One of his most famous clients was Ai Weiwei

The 46-year-old had previously represented artist and activist Ai Weiwei when the authorities ordered Ai's company, Beijing Fake Cultural Development Ltd, to pay US$2.4 million in back taxes and fines for tax fraud.

Xia was then detained in November 2014 when he agree to defend Guo Yushan, an activist and writer in Beijing who was also detained and later charged with running an illegal business.

Guo was released in September last year.

As for Xia's case, it doesn't seem to have been processed according to rule of law; Chinese legal experts said in a petition in June that there were repeated delays in Xia's case, and he didn't have access to his lawyers.

While it was expected he would not win his case, Xia and his supporters didn't expect such a heavy sentence.

"After he heard the verdict, Xia Lin said the case had been procedurally unfair and he was being persecuted for his rights defense work, for the cases he took on," one of his defense lawyers, Ding Xikui, who was in court for the verdict, said. "He is planning to appeal."

Xia was detained after he agreed to defend Guo Yushan

In a tribute published on Tuesday on an overseas Chinese website, Guo said Xia "never altered his initial intentions. From a commercial lawyer to a human rights lawyer, the road of life he took became rockier and rockier, but more and more soul-stirring".

Xia is one of several hundred lawyers and rights activists jailed for their work on human rights issues in China. His supporters say his case was part of the government's campaign to silence Chinese rights lawyers who have challenged arbitrary state power.

Earlier this week more than 100 lawyers signed a petition calling on the National People's Congress to stop the police and other government authorities from harassing and persecuting criminal defense lawyers trying to represent their clients.

The letter said the abuses had "deviated from the course of legality, destroyed legal order, and thoroughly disappointed people's hopes in the government".

It's a worrying sign that rule of law in China has less meaning in reality and that rule by fear continues to grow.

These lawyers are so brave. They had thought the law would protect them while doing their work. But it appears the Party is beyond the law.

China: World's Highest Risk for Fraud

It's not easy doing business in China -- just ask local executives in the Middle Kingdom.

Commercial investigative firm Kroll has found some interesting numbers.

73 percent of China-based executives are affected by fraud, up 6 percent from last year. China is the most vulnerable in nine out of 11 types of fraud types, making these executives the most afraid of risks of fraud than anywhere else in the world. The annual survey interviewed 768 senior executives worldwide.

Other numbers:

87 percent of Chinese executives say they are vulnerable to theft of physical assets or shares, much higher than the global average of 62 percent.

81 percent of Chinese executives worry about theft of their corporate information, compared to the global average of 51 percent.

81 percent of Chinese executives worry their companies will face the risk of corruption and bribery, compared to the global average of 40 percent.

Other risks:

74 percent worry about cheating by suppliers;

71 percent about having intellectual property stolen;

69 percent about internal fraud;

69 percent misappropriation of company funds;

65 percent conflict of interest;

65 percent regulatory compliance;

64 percent market collusion;

63 percent money laundering.

The global average for the above numbers is between 26-49 percent.

It is also interesting to add that Kroll found 35 percent of Chinese executives surveyed had invested in staff due diligence, considering 72 percent of fraud causes are because of insiders.

And only 53 percent of Chinese executives hired companies to do due diligence on their partners or vendors even though 74 percent of them felt vulnerable to fraud by vendors and suppliers.

What does this say about China?

There isn't much of a culture of corporate governance, and how it is important to have internal controls.

Wonder how Chinese executives manage to sleep, if at all...