Hong Kong authorities have slammed an international legal team for “smearing remarks” over custody arrangements for Jimmy Lai Chee-ying amid the former media tycoon’s ongoing national security trial.
The government on Sunday accused the legal team of “spreading misinformation”. It also said representatives for Lai had clarified that the team had not received instructions to act on his behalf.
“We noticed the so-called international legal team has repeatedly distorted the truth, blatantly discredited the judicial system and trials of [Hong Kong], and fabricated information about the treatment provided to [Lai] during his custody,” the government said.
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“This behaviour is completely contrary to the professional ethics that legal practitioners should uphold.”
A spokesman said such actions were “shocking”, arguing the legal team had misled the United Nations and abused its procedures.
Last Friday, the international legal team released a statement through UK law firm Doughty Street Chambers saying the United Nations Working Group on Arbitrary Detention had found Lai was being “unlawfully and arbitrarily detained”, and called for his immediate release.
“The working group also expressed its alarm at Mr Lai’s detention in prolonged solitary confinement since December 2020 and urged the Chinese and Hong Kong authorities to immediately remedy the situation and to urgently investigate the use of evidence obtained by torture,” the legal team said.
Caoilfhionn Gallagher, an international legal counsel, also said: “This is an excoriating ruling against the Chinese and Hong Kong authorities from the UN Working Group on Arbitrary Detention ... Jimmy Lai is being unlawfully and arbitrarily detained in respect of each and every case brought against him in Hong Kong.
“He is a victim of gross and continuing violations of his fundamental rights, in multiple respects. He should not spend another minute in prison.”
But the Hong Kong government said on Sunday that Lai’s “actual legal representative” had earlier clarified that he was receiving appropriate treatment and care in prison.
It also stressed that the arrangement for Lai’s removal from association with others under custody was made at his request and approved by the Correctional Services Department (CSD).
“The unfounded remarks by the so-called Lai Chee-ying’s international legal team and other anti-China forces regarding Lai Chee-ying’s solitary confinement are completely fact-twisting and are merely a despicable political manoeuvre with malicious intention to smear and attack the [Hong Kong government],” it said.
“The CSD is committed to ensuring that the custodial environment is secure, safe, humane, appropriate and healthy, and have put in place [an] established mechanism to ensure the rights of persons-in-custody are protected, including [the] arrangement of regular inspection of independent visitors, namely justices of the peace.”
In September, the Robertsons law firm, which represents the tycoon in several legal cases, said Lai was receiving appropriate medical attention for his health problems and had access to sunlight after concerns about his treatment in prison were raised with the United Nations.
In January 2023, the firm issued a statement saying it acted exclusively for Lai in legal proceedings, stressing none of his legal advisers were associated with the international team who had met a UK foreign affairs official.
The statement also emphasised that Lai had “never instructed anyone apart from his legal team in Hong Kong to act on his behalf in relation to his criminal and related proceedings in Hong Kong”.
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