The United Nations' expert on torture voiced concerns Wednesday that prosecution witness evidence in the trial of pro-democracy Hong Kong tycoon Jimmy Lai may have been obtained through torture.

Jill Edwards, the UN special rapporteur on torture and other cruel, inhuman or degrading treatment, said she had written to the authorities in China calling for an investigation before evidence is admitted in court.

"I am deeply concerned that evidence that is expected to be presented against Jimmy Lai imminently, may have been obtained as a result of torture or other unlawful treatment," she said in a statement.

"An investigation into these allegations must be conducted immediately, before any evidence is admitted into these present proceedings."

The charges against Lai — founder of the now-shuttered popular Chinese-language tabloid Apple Daily — revolve around the newspaper's publications, which supported pro-democracy protests and criticised Beijing's leadership.

Lai pleaded not guilty on January 2 to "sedition" and "collusion" charges in a high-profile national security trial that could see him jailed for life.

Edwards said it was alleged that a key prosecution witness was tortured during his detention in a China prison between 2020 and 2021.

Torture and other coercive techniques, including the use of fixed restraint chairs, to force confessions have been well-documented in China, Edwards noted.

Her statement comes after Lai's UK-based lawyers appealed to the rapporteur earlier in January, raising concerns over the treatment of key prosecution witness Andy Li.

– Ban on torture evidence –

China has ratified the UN's Convention against Torture.

"The absolute prohibition of reliance on evidence obtained as a result of torture… is a fundamental protection," she said, citing Article 15 of the convention.

"I have urged the Chinese government to undertake an investigation into these claims. I also reminded China of its duty to investigate all allegations of torture, prosecute or extradite suspects, punish those responsible and provide remedies to the victims."

Special rapporteurs are unpaid experts who are appointed by the UN Human Rights Council. They do not speak on behalf of the United Nations.

Lai's trial, which began in late 2023 after he was jailed for more than 1,100 days, is being closely watched as a barometer of Hong Kong's political freedoms and judicial independence.

His case has drawn widespread condemnation from the international community but Beijing has dismissed the criticism as interference.

A rags-to-riches figure who made his fortune selling clothes before expanding into media, Lai, 76, is being tried without a jury and was denied his first choice of lawyer.

The British national is accused of "collusion" with foreign forces under sweeping national security legislation that Beijing imposed on Hong Kong in 2020.

Critics say the law has curtailed civil liberties, silenced dissent and eroded the judicial independence that once attracted foreign businesses to the city.

EU 'concerned' over Hong Kong's new security law proposal
Hong Kong (AFP) Jan 31, 2024 –

The European Union has raised concerns that Hong Kong's plan for a new national security law may weaken the city's freedoms, with business leaders calling for greater clarity.

City leader John Lee on Tuesday unveiled a legislative proposal that would introduce new categories of security crimes — on top of an existing national security law imposed by Beijing in 2020.

Lee said the new law was needed to avoid a repeat of the "painful experience" of Hong Kong's huge and sometimes violent pro-democracy protests of 2019.

The EU has expressed concerns that Hong Kong's current national security law is used to crack down on opposition and stifle dissent, an EU spokesperson told AFP.

"The EU is concerned that some definitions and provisions in the (proposed law) will equal the scope and the draconian measures of the National Security Law, or even go beyond those, and further weaken Hong Kong's remaining freedoms," the spokesperson added late Tuesday.

The United Kingdom's Foreign, Commonwealth and Development Office said Wednesday that it will monitor the situation closely, adding that freedoms in the city had been significantly eroded under the guise of national security.

"It is important that new legislation aligns with international standards and upholds the rights promised to the people of Hong Kong," the office said in a statement.

Britain handed Hong Kong over to China in 1997 under a "one country, two systems" regime, with the city having its own legal system.

Hong Kong officials say the proposed law is a requirement of the city's mini-constitution, known as the Basic Law, and would target five types of crimes — including treason, espionage and external interference.

Beijing said Wednesday it fully supported a new security law in Hong Kong, hailing it as guaranteeing "long-term peace and stability" in the semi-autonomous city.

The new law "will help protect the basic wellbeing of all Hong Kong residents, protect the interests of investors from all over the world, and help (it) guarantee high-quality development", China's foreign ministry spokesperson Wang Wenbin said.

But Eric Lai, a researcher at Georgetown University's Center for Asian Law, told AFP that foreign investors might be wary and free flow of information may suffer.

The proposal is "trying to align the state secret and espionage offences with those in mainland China's law", where foreign businesses are often implicated, he added.

Johannes Hack, president of the German Chamber of Commerce in Hong Kong, said he hoped authorities would be more precise in defining state secrets as the term "can potentially cover a lot of ground".

Hack told AFP that he did not foresee German businesses in the city being affected by the new law, but said it risks being perceived abroad as Hong Kong adding "yet another security law".

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