LAWASIA STATEMENT OF CONCERN ON THE CONVICTION OF 45 ACTIVISTS BY HONG KONG COURT UNDER THE NATIONAL SECURITY LAW LAWASIA respects the right of all jurisdictions to enact their own laws, and it also respects the role of the courts of any jurisdiction to independently interpret those laws. It further appreciates that adverse public comments about the laws or courts of a jurisdiction can potentially encroach inappropriately on the sovereignty of that jurisdiction. LAWASIA is also mindful that many, if not most, jurisdictions have enacted national security laws which have been applied and interpreted in the context of unique issues confronting the jurisdiction in question. LAWASIA further recognises that Hong Kong Special Administrative Region (Hong Kong SAR) maintains a creditable ranking in the World Justice Project Rule of Law Index.[1] It is nevertheless possible that the laws of a jurisdiction, and the consequent application of those laws by the courts of that jurisdiction, can be inconsistent with accepted concepts of human rights and the rule of law which are recognised by a majority of other jurisdictions. Against this background, LAWASIA issues this Statement with some caution and after careful deliberation. LAWASIA is concerned about the impact of Hong Kong’s National Security Law (NSL)* which in December 2024 led to a decision by a Hong Kong Court to convict and sentence 45 activists to up to 10 years in prison[2] for ‘conspiring to commit subversion’. It is noted that the activists had devised a scheme to obtain a majority in the Hong Kong Legislative Council in the 2020 elections, and thereafter obstruct government actions with a view to advancing a political agenda. The efforts were aspirational, and did not come to fruition.[3] LAWASIA previously cautioned against the vagueness of the NSL in earlier statements dated 28 October 2020 and 31 July 2023 . We observed then that the NSL could be utilized in a manner which would be contrary to the rule of law. We draw attention to our concerns in paragraph 3 of the statement dated 28 October 2020: “3. LAWASIA is concerned that the broad definitions of these offences, as found in Articles 20, 22 ,24 and 29 of the National Security Law, could violate the principle of legal certainty. It is noted that Article 15(1) of the International Covenant on Civil and Political Rights (“ICCPR”) provides that criminal laws must be sufficiently precise to enable clarity on the types of behaviour that constitute a criminal offence. The wide definition of these offences also raises issues as to whether the National Security Law will meet the test of necessity, proportionality, certainty and non-discrimination, and could have an unintended chilling effect on speech.” LAWASIA notes that the activists were convicted for mainly peaceful pro-democracy campaigns including advocacy during an unofficial primary election.[4] While evidence had been led to show that certain accused activists had said they would use violence once elected to implement the scheme, this was not the basis of the charge. In its judgement, the Hong Kong Court states that the relevant provisions of the NSL do not require evidence of any threat of force or violence, nor was the prosecution required to prove that the defendants knew that their intended scheme consisted of unlawful acts. The application of the NSL by the Hong Kong Court reflects the concerns previously expressed by LAWASIA. It is noted that similar concerns have been expressed by the United Nations High Commissioner for Human Rights("OHCHR").[5] The NSL, thus applied, has a potentially significant effect on freedom of expression, specifically political expression and peaceful assembly, in Hong Kong. It may dissuade activists and political parties from dissenting and exercising rights that are fundamental to the smooth functioning of a democratic society. Whilst respecting the right of any jurisdiction to enact its own laws, and whilst further respecting the role of the courts of that jurisdiction in independently interpreting those laws, LAWASIA urges the relevant authorities of the Hong Kong SAR to reconsider the provisions of the NSL so as to fulfil its obligations under the ICCPR, 1966, and to ensure consistency of the NSL with accepted international concepts of human rights standards governing free speech.January 16, 2025Shyam Divan, President of LAWASIAReference*Hong Kong’s National Security Law (NSL)According to the unofficial English translation of e-legislation of Hong Kong, the full name of the NSL is "Decision of the National People’s Congress on Establishing and Improving the Legal System and Enforcement Mechanisms for the Hong Kong Special Administrative Region to Safeguard National Security." NSL is a abbreviated form of this Decision. - Source : https://www.elegislation.gov.hk/hk/A301[1] Hong Kong Ranks 23 out of 142 in the World Justice Project Rule of Law Index[2] Hong Kong jails 45 pro-democracy campaigners for subversion(BBC News)[3] 45 Hong Kong pro-democracy activists are sentenced to jail in city’s biggest national security trial(NBC News)[4] Same as above[5] Hong Kong: Grave concerns over sentencing under National Security Law(UN)

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Committed to Upholding the Rule of Law  and Enhancing the Rights and Interests of the People     Esteemed Members of the Korean Bar Association( the ‘KBA’),   The year 2025, the Year of the Blue Snake (청사, 靑蛇), has dawned. Since ancient times, the snake has been regarded as a symbol of flexibility and wisdom. May this year, inspired by the snake's symbolic qualities, bring a smooth and harmonious journey for all our members.   I would like to express my profound gratitude for the dedication and unwavering commitment that our esteemed members have demonstrated in fulfilling their respective duties over the past year.   The previous year saw the Republic of Korea enduring a tumultuous period marked by extreme political turmoil and an economic downturn. In the face of such chaos, the KBA stood resolute, upholding the rule of law and reinforcing the legal profession’s role as a cornerstone of the judicial system. We have deliberated tirelessly on measures to safeguard our nation’s constitutional order and legal principles, implementing decisive actions to strengthen the foundation of the rule of law.   At the end of last year, the unprecedented declaration of martial law by the President, followed by the ensuing impeachment proceedings, sent shock waves through our society. Intense debates surrounding these crises are expected to persist for the foreseeable future. In immediate response, the KBA issued a resolute statement reinforcing the legal profession’s vital role as a cornerstone of the judicial system. We firmly demanded the revocation of this unconstitutional action and took the lead in addressing this national crisis, ensuring that the rule of law remained unshaken even in the face of historical upheaval.   Moreover, throughout the past year, the KBA has made significant strides in its engagements with the judiciary and the National Assembly. Through persistent advocacy, we achieved a significant adjustment in the remuneration for Public defender for the second consecutive year. Our continued efforts to institutionalize attorney-client privilege(ACP) resulted in the proposal of three amendments to the Attorney-at-Law Act in the 22nd National Assembly.   We have steadfastly opposed various legislative attempts to undermine the legal profession, ensuring that the legal community remains resilient against external pressures. In our efforts to uphold public order and integrity within the legal market, we took regulatory action against unlawful practices by private legal platforms. This led to the Korea Fair Trade Commission imposing penalties on the KBA, which we firmly argued were unlawful. Actively contesting these measures, we secured a ruling from the Seoul High Court that annulled all imposed fines. This decision reaffirmed the validity of our long-standing commitment to maintaining order in the legal market.   Furthermore, we have diligently pursued initiatives aimed at enhancing both the professional competencies and welfare of our members. Through the Korean Lawyers’ Credit Union, we have implemented support programs for for members facing difficulties due to illness or accidents. Additionally, we have established an interest-free loan program to assist in cases of liability compensation. Additionally, we have been working in collaboration with insurance companies to develop legal insurance products tailored to our national context, aiming to enhance public access to legal services in the future.   Esteemed Members,   The past year was like navigating turbulent seas amidst formidable waves. The winds were fierce, and the waters were deep, yet we persevered with unwavering resolve. In the year ahead, the KBA, in solidarity with our members, will continue to overcome challenges with wisdom and resilience.   As we embark on this new year, I extend my heartfelt wishes for health, prosperity, and boundless blessings for you, your families, and your professional endeavors.   Thank you.