UN human rights experts on Friday condemned the disbarment and financial penalties imposed on Hong Kong lawyer Kevin Yam (Yam Kin Fung), calling them acts of reprisal for his public comments on the independence of Hong Kong’s judiciary in a May 2023 US Congress hearing.
According to the experts, Yam was removed from the Roll of Solicitors on July 16, despite not having violated any provisions of the Law Society’s statutes or Code of Conduct. The disciplinary proceedings were reportedly overseen by a tribunal appointed by the Chief Justice.
The experts warned that the action appeared to be the latest in a pattern of retaliation against lawyers who speak out on rule-of-law issues in Hong Kong, underscoring a growing international concern since the enactment of the 2020 National Security Law.
They also emphasized that states must ensure lawyers can carry out their work free from intimidation, harassment, or undue interference, stating:
This is a new retaliation and an alarming assault on freedom of expression and lawyers’ rights to practice their profession and express their views in line with international standards…This attempt to silence lawyers by disbarring them is an appalling violation of international law and sets a very troubling precedent in Hong Kong and China.
Such principles are consistent with international legal instruments such as the UN Basic Principles on the Role of Lawyers, which affirm that legal professionals must be able to perform their duties without improper interference. Because Hong Kong is part of China, the UN Basic Principles on the Role of Lawyers are understood to apply to Hong Kong through China’s membership in the United Nations and its acceptance of such international standards.
The UN experts also confirmed that they have raised the case directly with the Chinese government.