Hong Kong Supreme Court Overturns Conviction - Sets Example for Singapore

On May 5th, 2005, in a historic ruling that has produced positive responses from around the world, the Hong Kong Supreme Court overturned the convictions they had filed against Falun Gong practitioners. The Hong Kong court shares the same common law with Singapore, and this action sets a good precedent for Singapore.

In March 2002, sixteen Falun Gong practitioners were arrested while protesting outside the Liaison Office of the People's Republic of China in Hong Kong. They were accused of blocking public access and obstructing the police. In addition, two practitioners were falsely accused of "assaulting police officers." The Falun Gong practitioners filed an appeal. The Appeals Court overturned the obstruction conviction but upheld the other two charges. Five practitioners continued to file appeals with the top court. The Supreme Court ruled that the police acted unlawfully by arresting the practitioners; therefore, their accusations of "obstructing and assaulting" the police--assuming such actions had occurred, which they did not--were invalid

After the Supreme Court's ruling, the Hong Kong media issued commentaries stating that the verdict positively affirmed the peoples' rights of freedom as well as their right to appeal. These rights cannot be arbitrarily abrogated. The verdict reflects the fact that these freedoms are at the core of the Hong Kong judicial system, and the court should liberally interpret the scope of these freedoms. If someone blocks a public sidewalk while expressing his constitutional right of peaceful protest, the question of whether restricting public access is lawful should reflect the importance of the underlying, basic human rights.

Hong Kong Falun Gong spokesperson Mr. Kan Hung-Cheung said, "I believe this verdict sets a good example for Hong Kong citizens and plays a positive role in protecting peaceful protesters."

In Singapore, which calls itself a democratic country, two Falun Dafa practitioners, Ms. Huang Caihua and Ms. Cheng Lujin, were convicted in May 2004 of "illegally gathering without a permit," plus "possessing and shipping VCDs without a permit." In fact, what these two practitioners did was perform Falun Dafa exercises in the Beach Park and distribute Falun Dafa informational materials that clarified the facts of the brutal persecution in China to people in the park.

Their defence lawyer, Alfred Dodwell, pointed out that according to Singapore law, expression of personal belief is a basic right. These practitioners are deeply concerned for the lives of those being tortured in China, and believe that clarifying the truth and exposing the CCP's lies to the people of Singapore is a way to help rescue their fellow practitioners in China. Hence, this is not a matter that can be ignored or handled casually.

Mr. Dodwell asserted that every Singapore citizen has freedom of speech and belief bestowed by Singapore law. Unless revoked under special circumstances, the people's constitutional rights should not be weakened or denied by governmental regulations.

Falun Dafa practitioners in Hong Kong believe that the guilty verdict of the two Falun Dafa practitioners in Singapore, and the fines they were given are very severe when compared with Hong Kong's "blocking public access" incident, which was a political trial. Singapore, as an independent country, should be more independent than Hong Kong, which is under the authority of the Chinese Communist Party (CCP). Singapore's severe treatment of the two practitioners included the immediate jailing of the defendants when they declined to pay the fines and chose to appeal, and refusing visitation of Ms. Cheng Lujin's 6-month-old child. These actions are closer to the kind of behaviour demonstrated by the CCP as it enforces its policies which radically restrict human rights.

One of the defendants in Hong Kong's "blocking public access" case, Mr. Zhou Sheng, said that the overturned verdict in Hong Kong is the result of more people in society having learnt the truth about Falun Dafa. In the past three years, practitioners have repeatedly sent materials containing factual information about Falun Dafa to the legal system and judicial branches of the government, which detail the facts of the persecution in China. They have received many sympathetic and supportive responses. They believe that this has resulted in fundamental changes in the system. The defendant believes that if the Singapore government and people learn the truth, they will make the proper choice.

Reality constantly provides all sorts of examples, some good, and some bad. Whether a society is democratic and legal, or autocratic and violent, is manifested by its actions.

We sincerely hope that the Singapore government can safeguard the freedoms of belief and assembly, which its constitution has bestowed upon the people, and overturn the guilty verdict of those two Falun Dafa practitioners.