中國雖然在過去二十年經濟發展迅速，但近年來社會不安的情況不斷發生，社會問題亦越來越多。中國人民慢慢變得重視自身的權利，而且他們更關注到地方官員和很多投資商人貪贓枉法的問題到了嚴重侵害人權的地步。

地方官員常以發展地方經濟為名肆意徵地，受影響農民因為地方官員與發展商勾結而往往沒有得到合理賠償。另外，許多工人薪金微薄而且要加班超時工作，因為地方政府沒有切實推行勞工法例，使工人權利得不到保障。這些情況越來越嚴峻，弱勢社群把他們的個案告到法院，並向律師尋求協助，爭取他們應有的權益。

因此，社會良心的效應產生了一班維權律師與法律工作者，例如北京維權律師高智晟，他最近因“煽動顛覆國家罪”被判有期徒刑三年，緩刑五年，有傳他被帶回陝北老家，亦有報導指他已被帶回北京家中，但廿四小時被嚴密監視。山東“赤腳律師”陳光誠不滿臨沂政府為生育計劃強迫村民墮胎的做法而為村民爭取，其後被公安拘捕，因故意毀壞財物罪、聚眾擾亂交通秩序罪，被判有期徒刑四年三個月，二審遭駁回。維權法律人士郭飛雄曾協助廣東番禺太石村村民民主選舉與政府部門的暴力衝突事件，以及其他農村被政府徵地的問題，他被指2001年參與出版書籍，構成「非法經營罪」，去年9月14日被廣州市公安局刑事拘留，一星期後被正式逮捕，案件最近被送至廣州市檢察院，有報導指他在被拘留問話期間被毆打和虐待。許多維權律師的家人亦常受到騷擾。

儘管這些維權律師和法律工作者努力以法律途徑為弱勢社群爭取權益，他們面對著沉重的政治壓力以及地方政府的不公平對待。他們和他們家人的情況值得香港和國際社會關注。

為提倡法治和支持國內維權律師，立法會議員何俊仁律師與劉慧卿議員聯同張耀良大律師、黃瑞紅大律師、何慧縈大律師、潘熙大律師、關尚義律師、莊耀洸律師和浸會大學新聞系助理教授杜耀明決定成立中國維權律師關注組，支持這些維權律師的工作。組織的初步營運經費每年一百二十萬港元由何鴻卿爵士慷慨捐助。香港大學法律學院院長陳文敏教授、資深中國法律學者香港中文大學香港亞太研究所研究員王友金教授答應擔任顧問。

中國維權律師關注組主席何俊仁表示：「在國內支持和推動法治尤其重要，這些維權律師和法律工作者透過為弱勢社群提供法律援助，在推動法治方面擔當了舉足輕重的角色。」

他續說：「近年來，中國政府一直說要支持法治和構建和諧社會。因此，政府沒有藉口能打壓這些為弱勢爭取權益的維權律師和把他們監禁。只有建立獨立的司法制度和尊重律師和法律工作者的權益，中國才能達至法治的社會。」

對這新組織如有查詢，請聯絡主席何俊仁律師（77700119）、副主席劉慧卿議員（77703332）或執行秘書潘嘉偉（94173765）

New group formed to support human rights lawyers in China

Despite the rapid economic development in the past two decades, China has encountered increasing social unrest and various worrying social problems in recent years. People in China have become more aware of their rights and they are now more concerned about how their rights are violated by local government officials and many big investors, who defy laws and regulations.

Land seizures as an excuse for development often occur in rural areas and affected farmers are not given reasonable compensation because of rampant corruption among local government officials and developers. Workers have to work for long hours for meagre wages and many of them often are not paid their wages on time because local government officials fail to enforce relevant laws and regulations. As a result, more people take their cases to courts and seek help from lawyers to fight their cases in courts.

One result has been the emergence of a group of prominent civil rights legal figures, such as Beijing lawyer Gao Zhisheng, who has recently been given a sentence of 3 years imprisonment, suspended for 5 years, on charges of subversion and he is now under 24-hour surveillance; blind bare-foot lawyer activist Chen Guangcheng, who led a campaign to stop the authorities in Linyi city in Shandong from forcing peasants to have abortions, was jailed for 4 years and 3 months on charges of destroying property and organizing a mob to disrupt traffic; and Guo Feixiong, who helped the villagers of Taishi Village in Panyu in their village election and the local government’s violent crackdown on the villagers and other numerous land confiscation cases in Guangdong. Guo was arrested on 14 September 2006 and was accused of “illegal business operations” for publishing books and his case has recently been transferred to the Guangdong procuratorate. He was reportedly beaten and tortured while being interrogated. In many cases, these legal activists’ families have also been harassed.

Despite their endeavours to fight for the rights of the underprivileged within the legal framework, these lawyers and legal activists have been subject to tremendous political pressure and unfair treatments by the Chinese authorities. They and their families deserve more attention and support from Hong Kong society and the international community.

To promote the rule of law and the rights of the human rights lawyers in China, legislators Albert Ho Chun Yan and Emily Lau Wai Hing together with barristers Mr. Cheung Yiu Leung, Ms. Linda Wong, Ms. Ho Wai Yang, Mr. Hectar Pun, solicitors Mr. John Clancey and Mr. Chong Yiu Kwong and journalism professor To Yiu Ming decided to form the China Human Rights Lawyers Concern Group to support the work of these human rights lawyers. The initial funding of this group valued at HK$1.2 million per year is generously provided by Sir Joseph Hotung. Professor Johannes Chan SC, Dean of Faculty of Law of the University of Hong Kong, China law expert Mr. Ong Yew-kim, Honorary Research Fellow of Hong Kong Institute of Asia-Pacific Studies at the Chinese University of Hong Kong have agreed to be the group’s consultants.

“Upholding the rule of law is extremely important in China. These human rights lawyers and legal activists are playing a significant role to promote the rule of law by providing legal assistance to grassroots people,” said Albert Ho Chun Yan, chairman of the China Human Rights Lawyers Concern Group.

“In recent years, the Chinese government has been saying it would support the rule of law and establish a harmonious society. There is no excuse for blocking the efforts of these lawyers by harassing them or putting them in jail for defending the rights of the poor and the oppressed,” Mr Ho added. “Only an independent judicial system and respect for the rights of lawyers will help achieve the rule of law in China.”

For further enquiries about the new group and further comments, please contact our Chairperson Albert Ho at 77700119, Vice-chairperson Emily Lau at 77703332 or Executive Secretary Patrick Poon at 94173765.

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