David Perry QC arrives at the High Court in Hong Kong in December 2014
A British QC is facing criticism over agreeing to prosecute pro-democracy activists in Hong Kong, and has been urged to “reconsider representing the interests of an authoritarian regime”.
David Perry QC is being brought in to handle the trial of Jimmy Lai, a publisher and high-profile critic of the Chinese state, and eight other campaigners accused of organising an illegal anti-government march.
Lee Cheuk-yan, the organiser of the annual Tiananmen Square vigil in Hong Kong, Martin Lee Chu-ming, a Hong Kong politician and barrister who is the founding chairman of the United Democrats of Hong Kong and its successor, the Democratic Party, Hong Kong’s flagship pro-democracy party and is known as the territory’s ‘Father of Democracy’, and veteran activist ‘Long Hair’ Leung Kwok-hung are among the defendants.
All of the accused have been charged with organising an unauthorised assembly, and knowingly taking part in an unauthorised assembly on August 18, 2019.
Mass street protests demanding democratic reforms, sparked by a controversial bill that would allow extradition from Hong Kong to the Chinese mainland, were taking place at the time.
Overseas barristers may be flown in to help with difficult legal cases in the territory.
On Tuesday, the Court of First Instance granted the Department of Justice’s application to hire Mr Perry to handle the case, noting its complexity and significant effect on freedom of assembly in future. The trial is set for February 16.
The British barrister, who practises at the London chambers 6KBW College Hill, has taken part in a number of high profile cases in Hong Kong.
He has also appeared for the UK Government at the European Court of Human Rights.
His involvement in the case next month, first reported by the South China Morning Post, has sparked a backlash among senior politicians.
Former Tory leader Sir Iain Duncan Smith, co-chairman of the Inter-Parliamentary Alliance on China (Ipac), was blunt in his appraisal: “It’s appalling.”
Urging the QC to rethink, Sir Iain said: “I call on him, if there’s a shred of decency in him, to withdraw and withdraw quickly."
Tobias Ellwood, Conservative chairman of the Commons defence select committee, said: "I think it raises huge ethical questions – a British QC choosing to side with the Chinese at this very, very sensitive time."
Raising concerns it could amount to "aiding and abetting an adversary", he added: "The basis for all law that he [Mr Perry] should support is British law. Here we have him supporting another country that does not recognise either British or international law."
He also put pressure on Mr Perry “to reconsider representing the interests of an authoritarian regime”.
Labour peer Lord Adonis, a former Cabinet minister, tweeted: “It is shameful that British lawyers should be part of the repressive apparatus of the Chinese state.”
The UK Government has heaped censure on a draconian national security law imposed on Hong Kong by Beijing last July, which threatens up to life imprisonment for pro-democracy and pro-independence dissent.
Since the crackdown began self-ruled Taiwan has become an attractive destination for Hong Kong activists.
On Thursday, Hong Kong police arrested 11 people over suspected crimes related to assisting a group of 12 pro-democracy activists accused of trying to flee the city by boat for Taiwan last year.
Eight men and three women, aged 18 to 72, were among those arrested, according to a police statement.
It follows the arrest of 50 pro-democracy politicians and campaigners in Hong Kong last week.
The UK, US, Australia and Canada issued a joint statement at the weekend expressing “serious concern” about the raid.
The Telegraph attempted to reach Mr Perry for comment.
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