South China Morning Post Reports on Concerns Expressed by US and UK

Civil action may seek damages from SAR government and Jiang over suppression of Falun Gong; [practitioners] say they'll sue

Stella Lee

08/16/2002

South China Morning Post

Falun Gong members plan to take legal action against the Hong Kong government and mainland leaders for suppressing their activities following yesterday's first criminal conviction of practitioners.

The 16 members, including four Swiss nationals and one New Zealander, were found guilty of causing a public obstruction during a protest outside Beijing's Liaison Office in Connaught Road, Western, on March 14. Three of them were also convicted of assaulting police officers. They were fined between $1,300 and $3,800.

A spokesman for Falun Gong in Hong Kong, Kan Hung-cheung, said afterwards: "The ruling is wrong. We're shocked. The verdict affects not only Falun Gong, but also the freedom and rights of all Hong Kong people.

" Falun Gong is in a dangerous situation as the precedent set today would mean our group would be further suppressed using different excuses in future."

Mr Kan said the group believed the incident had been a result of pressure exerted by President Jiang Zemin.

He said that as well as lodging an appeal against the verdict, the group was planning to launch a civil suit against the SAR government departments or officials behind the decision to arrest and prosecute the 16 practitioners.

It has not been decided yet in whose name the case will be brought.

Mr Kan said the legal action would also target Mr Jiang and other Chinese leaders who ordered the outlawing and suppression of their spiritual group on the mainland, claiming the restrictions had effectively been extended to the SAR.

The group has not decided whether to launch the civil suit in Hong Kong or through a foreign court. Mr Kan said that if it went ahead, the lawsuit would be the first against Mr Jiang on the issue.

He said in addition to damages, the legal action might seek to ban the defendants from the country in which the trial was held.

Yesterday, a spokeswoman for the US Consulate said it would not comment on the verdict, but reiterated a caution made by the US State Department this week to Hong Kong on civil rights.

"We continue to stress the importance of Hong Kong preserving its civil liberties, free society, human rights and rule of law. These are necessary components that make Hong Kong a distinctive international city," she said. The State Department issued a similar warning on Wednesday ahead of the verdict.

A spokeswoman for the British Consulate said it had taken note that all the defendants had been convicted of public order offences.

"We believe Hong Kong has the right to maintain public order. Equally, it is important that the rule of law and respect for basic human rights and rights to peaceful demonstration are maintained in Hong Kong," she said.

Director of Human Rights Monitor Law Yuk-kai said he believed the prosecution of the Falun Gong members was politically motivated.

"All demonstrations will occupy space. If this case constituted an obstruction, I think all protests cause obstruction," he said.

[e-mail]

Copyright 2000 Dow Jones & Company, Inc. All Rights Reserved.