The recent conviction of pro-democracy protester Ma Chun-man for inciting secession under Hong Kong’s draconian new National Security Law marks a major step backward for free expression in Hong Kong.
Thomas E. Kellogg is executive director of the Center for Asian Law at Georgetown University Law Center. Prior to this position, he was Director of the East Asia Program at the Open Society Foundations. He was also a lecturer in law at Columbia Law School. At the Open Society Foundations, Kellogg focused most closely on civil society development, legal reform, and human rights. He also oversaw work on a range of other issues, including public health, environmental protection, and media development. Kellogg has written widely on legal reform in China, and has lectured on Chinese law at a number of universities in the United States and China. He has also taught courses on Chinese law at Fordham and Yale Law Schools. Before joining the Open Society Foundations, Kellogg was a Senior Fellow at the China Law Center at Yale Law School. Prior to that, he worked as a researcher in the Asia Division of Human Rights Watch. He is a 2003 graduate of Harvard Law School, where he was Editor-in-Chief of the Harvard Human Rights Journal, and a 1996 graduate of Hamilton College.
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The right to a fair trial for National Security Law defendants is under threat. As the first NSL trials begin, it remains to be seen whether rule of law in Hong Kong will survive.
One case case may mark an ominous turning point for human rights and rule of law in Hong Kong.
In a growing number of cases over the past few years, China has used state-sponsored kidnapping as a means of delivering rough justice to individuals abroad. Both Chinese citizens and foreign nationals have been forcibly repatriated back to China, many to disappear into long-term incommunicado detention for months or even years at a time.
In November last year, the New York Times broke the sad story of Victor and Cynthia Liu, American citizens who entered China in June 2018, and have since been barred from leaving the country.
On Lawfare's feed at Foreign Policy, I wrote about how China has aggressively undermined key U.N. human rights mechanisms and how the Trump administration is enabling China's efforts. The piece begins: