From Detention to Being on Trial, Hong Kong Residents' Rights Are Deprived Bit by Bit

Falun Gong practitioner Ms. Fu Xueying

Hong Kong resident Ms. Fu Xueying was accused of distributing materials exposing the persecution of Falun Gong and Falun Gong practitioners in Mainland China, and is currently on trial in the Nanshan People's Court in Shenzhen City. During the past nearly five months when Ms. Fu was detained and then put on trial, the authorities have violated Chinese regulations and international laws, and they have violated the citizens' freedom of belief guaranteed by the Chinese Constitution.

At 2:50 pm on March the 9th, 2004, the Nanshan People's Court opened a session to try Ms. Fu Xueying. Besides Ms. Fu's husband Mr. Feng Zhiwen, her mother, brother and elder cousin, several people carrying cameras who were believed to be reporters also attended the court as visitors.

Mr. Feng Zhiwen appealed several times to the Hong Kong Legislative Council and asked to have Ms. Fu return home as soon as possible.	To rescue imprisoned Falun Gong practitioners in China, Hong Kong practitioners frequently hold appeals.

The judge claimed that Mr. Feng Zhiwen was a witness of this case and according to China's regulations, witnesses and the defendant's spouse should not be present at trial. Hence, the judge asked Mr. Feng to leave the court.

Mr. Feng said that when Ms. Fu Xueying was detained last October, he went to the police station to request information about Ms. Fu's whereabouts. At that time, his request was noted but the police station neither acknowledged nor denied that they had arrested Ms. Fu. Mr. Feng Zhiwen was shocked to learn that his request was regarded as evidence and was surprised about the regulation that a husband was not allowed to attend the trial. In addition, although Feng was considered a witness by the court, he never received any summons from the court to give testimony.

About 20 minutes later, Ms. Fu's mother was also driven out of the court, because she shouted, "Fu Xueying is innocent! Set her free!" Another ten minutes later, Ms. Fu's other relatives were also driven out. They said that the judge adjourned the court because Ms. Fu shouted, "Falun Dafa is good!"

Several minutes later, the court staff told Mr. Feng and Fu's other relatives to go home. They said that they would not continue the trial that day and might reopen the court later. Feng asked them whether they would inform Fu's family when the trial resumes, but did not get an answer. Feng said that he did not know about the trial until he phoned the authorities on March 5. After inquiring over and over again, he learned that family members should be allowed to attend the proceedings.

Mr. Feng phoned the Nanshan People's court the next day, March the 10th. A staff member Ms. He said that the verdict was not rendered yet. Mr. Feng was surprised since the court was only adjourned the day before and the trial has not yet completed, why were there deliberations on a verdict already? Feng asked Ms. He to explain what had happened on that day, but she said there was no information about it and asked him to call two days later. She continued to say that the authorities understood that many people were concerned about Ms. Fu Xueying. Therefore they would not casually handle it and would follow the procedure of the law.

Feng Zhiwen said that since Fu Xueying was detained on October 30 of last year, it has been more than four months since she saw her family members. She was separated from the outside world and bore the pressure from the authorities by herself.

According to China's criminal law, without a formal arrest, detention cannot last more than 10 days. Article 43 also stipulates, "Detainee's family or workplace should be informed within 24 hours about the reasons of the detention and where he is detained." However, Mr. Feng said that the police initially did not acknowledge or deny Ms. Fu's detention, and he did not know where Fu was detained at all. He never received any formal notification about Fu's arrest. It was not until February the 26th that he received a letter from the Nanshan People's Court, informing him that Fu Xueying was placed in the jurisdiction of the Nanshan Procuratorate and her case was filed in the Nanshan People's Court.

Violating the Principles of International Law

According to a basic principle of international law, one is considered innocent until proven guilty. International norms also require that the trial period should not be unreasonably prolonged. Except for very isolated circumstances, the trial should be open and defendant should have enough time and opportunity to prepare a defense. A defendant should be able to acquire a lawyer and call witnesses in her defense. Fu Xueying has been deprived of all of these rights.

Feng Zhiwen said that he did not receive notice of Ms. Fu's trial until March 5. Although the authorities allowed him to find an attorney for Ms. Fu, time was extremely short, not nearly enough to prepare a defense. In addition, Ms. Fu's right to consult with the lawyer and to cross-examine the prosecution witnesses was severely restricted.

Defense attorneys can only access a part of the defendant's records and generally cannot cross-examine the prosecutor's witnesses. In addition, they are not allowed to question the basis or validity of the lawsuit. Therefore, just like many other cases, defense attorneys can only request a reduction of the sentence given out.