Progress Report: Taiwan Practitioners' Lawsuit Against Hong Kong Immigration Office for Denying Them Entry

The Hong Kong Falun Dafa Association held a cultivation experience sharing conference on February 22 2003, in Hong Kong. About 400 Taiwan practitioners came to attend the conference, but 82 were prohibited from entering due to a decision made by the Hong Kong Immigration Office director. In addition to this incident, during 2001 and 2002, about 100 Taiwanese practitioners suffered entry restrictions by the Hong Kong Immigration Office.

On April 7, Kan Hung-cheung and another 4 Taiwan Falun Gong practitioners filed a joint lawsuit against the Hong Kong Immigration director's decision for refusing entry to the 82 Taiwan practitioners. On April 29, 2003, the Hong Kong High Court agreed to initiate legal proceedings for the request of a review of the decision made by the Hong Kong Immigration Office director.

Kan Hung-cheung, a spokesperson for the Hong Kong Falun Gong Association, recently attended the court hearing concerning the judicial review of the incident. Only Kan Hung-cheung was required to attend the hearing on June 2 which would decide whether or not the request would be honoured.

At the court hearing, Daniel R. Fung, a distinguished lawyer who represented the defendant -- the Hong Kong Immigration Office Director, appeared in court. This shows the importance of the lawsuit to the Hong Kong government. It seems that this is not just a common lawsuit regarding deportation.

Daniel R. Fung has taken up the post of Hong Kong Legal Policy Commissioner from 1994 to 1998. He was appointed as the Chairman of Hong Kong Broadcasting Authority last November. He has also served as the commissioner of the Security and Option Market Supervisory Commission and is a member of the Board of Directors in the Airport Administrative Bureau of Hong Kong.

Paul Harris, the lawyer for Kan Hung-cheung, stated before the court that the decision made by the Director of the Immigration Office to refuse entry to the Taiwan practitioners violated Article 141 of Basic Law. His decision interfered in the internal affairs of a religious organisation and restricted religious activities and freedoms granted by the law. He mentioned that among the four Taiwan practitioners, three had planned to present speeches at the Hong Kong Falun Dafa Experience Sharing Conference.

Mr. Harris also pointed out that, as the Hong Kong Falun Dafa Association will hold an annual Falun Gong experience sharing conference again next year, they hope that the court would make an decision on this case to ensure that the deportation of Falun Gong practitioners from other countries and areas would not occur again.

Reference Material: Article 141 of The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China

The Government of the Hong Kong Special Administrative Region shall not restrict the freedom of religious belief, interfere in the internal affairs of religious organisations or restrict religious activities which do not contravene the laws of the Region.

Religious organisations shall, in accordance with law, enjoy the rights to acquire, use, dispose of and inherit property and the right to receive financial assistance. Their previous property rights and interests shall be maintained and protected.

Religious organisations may, according to their previous practice, continue to run seminaries and other schools, hospitals and welfare institutions and to provide other social services.

Religious organisations and believers in the Hong Kong Special Administrative Region may maintain and develop their relations with religious organisations and believers elsewhere.