Beijing's war on the lawyers

A few years ago, when I read about lawyers in China being arrested or placed under house arrest for defending the “wrong” clients, it struck me as far off the mark. As if that would never happen in Hong Kong.

Hong Kong lawyers have traditionally had little training in human rights issues. Nonetheless, over the past two decades, as civil society and civil disobedience have flourished, the legal profession has developed an awareness of, and its role in, human rights.

The Hong Kong Bar Association led by Philip Dykes, the now-defunct Progressive Lawyers Group, the team of lawyers that defended many arrested during widespread protests, legal funds set up in response to mass prosecutions: it all shows which role of the legal profession in civil society. But the governments in Hong Kong and Beijing have now made it clear that they regard all lawyers who deal with social issues as enemies.

In the eyes of these governments, the only purpose of the law is to ensure the stability of their rule. Lawyers who are just doing their job and fighting for their clients' interests call them "violent instigators". Law firms that take on such cases accuse them of merely wanting to enrich themselves.

Police have lodged complaints with two professional bodies about "professional misconduct" by lawyers involved in political cases or accused of protesting themselves, and have launched investigations. At least three of the lawyers dealing with the draconian national security law have faced various punishments and threats.

Hang-Tung Chow is in prison for organizing an unauthorized June 4 rally and subversion. Paul Harris left Hong Kong earlier this year after being summoned by security authorities. These cases are an unequivocal warning to the entire industry: disobedience and public interference are not allowed.

At the same time, the government is in the process of “reforming” the system of legal advice and legal aid. Currently, when criminal defendants need financial assistance, they are not allowed to choose their own lawyer. The reform also limits the number of cases lawyers can handle under judicial review, a legal tool used to judicially review the legality of a decision or action by a public body and used to bring about social change.

Many defendants are therefore left with no choice but to defend themselves. Many of those behind bars also do not have access to their lawyer. Because the lawyers who are still in Hong Kong and take on political cases are overwhelmed by the sheer volume of cases piling up. It is a clever tactic by the Beijing government to target this section of civil society in order to use threats to force the entire legal profession into obedience.

Glacier Kwong alternates writing this column with Joshua Wong. The two young activists from Hong Kong are fighting against the growing influence of China in their homeland. Since Wong is currently imprisoned, Kwong is continuing this column alone for the time being.