Simon Cheng

Simon Cheng Man-kit (Chinese: 鄭文傑; born 1990) is a Hong Kong activist. He was a former trade and investment officer at the British Consulate-General Hong Kong. Cheng was detained by Chinese authorities in August 2019 in West Kowloon station when he returned from a business trip in Shenzhen. While the Chinese authorities stated that he was arrested for "soliciting prostitutes", Cheng denied the accusation and added that Chinese agents tortured him in an attempt to make him confess that he was a British spy who was involved in instigating the 2019 Hong Kong protests. Cheng subsequently fled to London and was granted asylum in June 2020.

Simon Cheng
鄭文傑
BornOctober 1990
British Hong Kong
Alma materNational Taiwan University
London School of Economics
OccupationFormer trade and investment officer at the British Consulate-General Hong Kong
Known forDetainment in China in August 2019
Political partyIndependent

Early life

Cheng was born in Hong Kong in 1990 and he was a Hong Kong permanent resident. He studied politics at National Taiwan University and pursued a Master's in the Political Economy of Europe at the London School of Economics. He returned to Hong Kong in 2017 and worked as a trade and investment officer at the British Consulate-General Hong Kong. His work was in the Scottish Development International section and his main responsibility was to encourage the mainland business community to invest in Scotland.[1]

Detainment in China

Disappearance

On August 8th 2019, Cheng, on behalf of the British Consulate-General of Hong Kong, left Hong Kong for Shenzhen to attend a business event via the Lo Wu control point. He was expected to return on the same day via the Guangzhou–Shenzhen–Hong Kong Express Rail Link. At 10:37pm that day, he messaged his Taiwanese girlfriend, indicating that he was about to pass through the border checkpoint in West Kowloon station, which is under Mainland China's jurisdiction despite the fact that the station itself is located in Hong Kong after the controversial co-location agreement was passed in the Legislative Council in 2018. However, his family and friends were unable to contact him, and he did not show up for work on the following day.[2] His family and friends worried that he was arrested because he had expressed his support for the ongoing 2019 Hong Kong protests through his social media accounts.[3]

On August 14th, a group of protesters gathered outside the UK consulate in Hong Kong to stand in solidarity with Cheng and asked the UK government to assist him. His appearance caught public attention, since it was reported that officers at the border had been searching civilians' belongings and phones to identify anyone who had attended the protests.[3] China has also accused foreign powers including the United Kingdom of instigating the protests.[4]

His family met with Nicola Barrett, a consulate official, who advised him to seek help from the police. The Hong Kong Police Force launched an investigation into the issue and listed Cheng as a "missing person". When asked by journalists from HK01, officers at the West Kowloon station checkpoint claimed that no one was arrested on August 8th and 9th inside the station. The Immigration Department also assisted Cheng's family and had contacted the Hong Kong Economic and Trade Office in Guangdong for more information, and later reported on August 10th that Cheng was under administrative detention in Shenzhen, though the reason for detainment was not disclosed.[2] The British Consul General stated that they were "extremely concerned" about Cheng's disappearance and asked the Chinese authorities to release more details about his detainment.[5]

On August 21st, at a press conference held by the Chinese Ministry of Foreign Affairs, spokesperson Geng Shuang revealed that China had detained Cheng using the Security Administration Punishment Law, which covers mostly minor offences. Geng added that his arrest was China's "internal affair" since Cheng was a Hong Kong citizen.[5] On the following day, Chinese state-owned tabloid Global Times added that Cheng was arrested for "soliciting a prostitute". Under Article 66 of the law, offenders can be fined and detained for "no less than ten days but no more than fifteen days".[3] According to Hu Xijin, a Global Times editor, Cheng's family was not informed by the police because it was "requested" by Cheng who wanted to "reduce damage to his reputation". However, his family rejected such accusations, telling Hong Kong Free Press that "Everyone knows it is not the truth. But time will tell". The family, who operated a Facebook page named "Release Simon Cheng" then re-posted the Global Times news piece on Facebook and added that the piece was a joke.[6] Global Times had previously attacked Cheng for his political views and accused him of supporting Hong Kong independence.[7] On August 24, he returned to Hong Kong.[8]

Recounting the incident

In November, Cheng published an article named "For the Record: An Enemy of the State" on Facebook, in which he disclosed the details during his detention and his side of the story. He admitted that the British consulate had asked him to observe the protests. He had joined several legal and peaceful rallies, and joined several Telegram groups which were used by the protesters for coordination. The protest movement was leaderless and all actions were co-ordinated using digital platforms. Cheng added that his role was to purely observe the movement then report back to the British consulate, meaning that he would not attempt to direct the movement or instigate any conflict. He further added that it was "the kind of civil society monitoring work many embassies do". He believed that his position as a member of the British consulate staff, as well as his relationship with a Chinese friend who was detained for participating in the protests, were the main reasons why Chinese authorities chose to detain him. During his trip in Shenzhen, he met with the relatives of the friend and collected money for him in a private capacity.[1]

He recounted that he was handed over to three plain-clothed officers who he suspected to be secret police after he was escorted back to Shenzhen from West Kowloon station.[1][9] The mainland agents inquired about the UK's role in the protests, and questioned him about what kind of assistance the UK government had provided to the protesters. According to Cheng, they subjected him to torture in order to make him confess that he had instigated and organised the protests "on behalf of the British government". Cheng added that he was "shackled, blindfolded and hooded" during his detainment. He was forced to maintain stress positions for a sustained period, and that he would be beaten when he moved. He also reported being subjected to solitary confinement and sleep deprivation, as interrogators forced him to sing the Chinese national anthem whenever he tried to sleep. He was also strapped on a "tiger chair", which completely disabled the movement of the detainees, for a sustained period of time. His glasses were removed throughout his detention, causing him to feel "dizzy" constantly, and he was not allowed to contact his family. He also believed that other Hongkongers were detained by China.[1]

Cheng added that the interrogators showed him pictures of protesters and asked him if he recognised any of them or if he was able to point out their political affiliation. He was also asked to draw out an organisation chart as the agents hoped to identify the protest leaders and "core" protesters. They also forced him to unlock his phone, allowing them to print out email conversations he had with the British consulate. The agents then forced him to record two confession videos, one for soliciting prostitutes, another for "betraying the motherland".[1] Throughout the process, the agents verbally assaulted him, calling him "worse than shit", "enemy of the state", and that he did not deserve any "human rights" as he was an "intelligence officer".[1] They also threatened that they would never release him, and claimed they would charge him for "subversion and espionage" if he refused to admit that the British were the masterminds behind the protests.[10][11] Commenting on the interrogators, Cheng believed that they were not keen on finding the truth, and wanted to "fulfil and prove their pre-written play by filling in the information they want from the detainees".[12] Before he was allowed to leave, the police reportedly threatened him by claiming that he would be "taken back" to mainland China from Hong Kong if he disclosed "anything other than 'soliciting prostitution' publicly".[1]

When asked by BBC's reporter whether he paid for sex, Cheng admitted he visited a massage parlour for "relaxation" after his business trip, and replied by saying that he had done "nothing regrettable to the people I cherish and love".[1] On November 21, Chinese state media China Global Television Network (CGTN) released his confession video and a two-minute long CCTV footage of him visiting a clubhouse. CGTN claimed that the footage was taken on July 23, July 31 and August 8, and wrote that Cheng stayed in the parlour for approximately two and a half hour in each visit. In the confession video, wearing prison uniform, Cheng claimed that he did not contact his family or seek help from a lawyer because "he felt ashamed and embarrassed". Cheng, in his earlier written statement, added that he was forced to confess and that he had to record it several times.[13] Cheng stated that he recorded the video under duress and he was coerced into filming the video as a condition for his release.[10] He added that he would be put under "indefinite criminal detention" if he refused to film the video.[14] He filed a complaint to Ofcom over CGTN's broadcast of his forced confession on October 28, 2019.[15]

Reactions

According to the BBC, UK government sources deemed his account about forced confession and torture credible, and the UK government had subsequently offered Cheng support. Dominic Raab, the Foreign Secretary, condemned the Chinese government and summoned Chinese ambassador Liu Xiaoming.[16]

Simon Cheng was a valued member of our team. We were shocked and appalled by the mistreatment he suffered while in Chinese detention, which amounts to torture. I summoned the Chinese Ambassador to express our outrage at the brutal and disgraceful treatment of Simon in violation of China’s international obligations. I have made clear we expect the Chinese authorities to investigate and hold those responsible to account.[16]

The spokesperson from China Geng Shuang criticised the summoning of Liu and responded by warning the UK not to interfere China's internal affairs and calling UK's "actions and comments on all issues relating to Hong Kong" as "false".[17][12] Liu also responded by saying that Cheng had already made the confession, and that his legal rights were protected during his detention.[18] Hong Kong's Secretary for Justice Teresa Cheng declined to comment.[17]

Amnesty International responded by saying that Cheng's account of his treatment during his detention aligned with the "documented pattern of torture" commonly seen in Chinese prisons.[10] Peter Dahlin, who served as the director for Safeguard Defenders, commented that Cheng's confession videos have no validity. He added that Beijing has a history of forcing detainees who have ties with foreign government to record confession videos to deflect criticism. He added that these videos "paint the process with a veneer of judicial process and legality".[13] Willy Lam, a profession from the Chinese University of Hong Kong, commented that the incident reflect Beijing's "vindictive attitude" towards Hong Kong citizens who have ties to foreign countries, and that the incident would likely further fuel the ongoing protests.[19]

Life after detainment

After he returned to Hong Kong, he claimed that he was "asked to resign" by the consulate as he was considered a "security risk", though the consulate responded by saying that it was Cheng's decision to resign.[11] Cheng later clarified that he left the post because his job would require him to visit mainland China frequently. He briefly stayed in Taiwan from August 30 to November 29, 2020. In Xinyi District, he found himself being followed by an unknown individual who was trailing him. The Taiwanese government then provided bodyguards for him to ensure his personal safety.[20]

The UK government granted him a two-year working holiday visa, and on December 27, 2019, he submitted a request for asylum, which was granted to him and his fiancée on 26 June 2020. This indicated that after five years, he would become eligible to apply for full British citizenship.[21] After he left Hong Kong, he advocated internationally for Hong Kong's and Taiwan's freedom and democracy. As China imposed a national security law on Hong Kong, Cheng collaborated with other exiled activists, including Ray Wong, Brian Leung and Lam Wing-kee to launch an online advise platform named "Haven Assistance" to help Hongkongers who were also facing political prosecution and seeking asylum.[22] Cheng also advocated for the establishment of a "parliament-in-exile" as he believed that the formation of such council can "send a very clear signal to Beijing and the Hong Kong authorities that democracy need not be at the mercy of Beijing".[23] He also established Hongkongers in Britain, a platform which aids Hongkongers already in Britain and those who sought to emigrate there to integrate into the society.[24]

On 30 July, the Hong Kong police announced that they had issued arrest warrants to six exiled activists including Cheng, Nathan Law, Ray Wong, Wayne Chan, Lau Hong, and Samuel Chu for breaching the national security law "on suspicion of inciting secession or colluding with foreign forces". Responding to becoming a political fugitive, he said "the totalitarian regime now criminalises me, and I would take that not as a shame but an honour".[25]

See also

References
  1. Sudworth, John (November 20, 2020). "Simon Cheng: Former UK consulate worker says he was tortured in China". BBC. Retrieved August 2, 2020.
  2. Cheng, Kris (August 20, 2019). "China detains staff member from UK's consulate in Hong Kong for over 10 days after business trip". Hong Kong Free Press. Retrieved August 2, 2020.
  3. Mackintorsh, Eliza (August 22, 2020). "British consulate employee detained for 'solicitation of prostitution,' Chinese state-run newspaper reports". CNN. Retrieved August 2, 2020.
  4. Long-lee, Tian (August 20, 2019). "Girlfriend of U.K. Consulate Worker Says China Has Detained Him". Bloomberg. Retrieved August 2, 2020.
  5. Hollingsworth, Julia (August 21, 2019). "Hong Kong: British consulate employee Simon Cheng detained in China". CNN. Retrieved August 2, 2020.
  6. Cheng, Kris (August 22, 2020). "Family of detained British consulate staffer refutes Chinese state media's prostitution claim". Hong Kong Free Press. Retrieved August 2, 2020.
  7. Zheng, Sarah (August 22, 2019). "Britain in urgent quest for contact with Hong Kong consulate employee Simon Cheng Man-kit". South China Morning Post. Retrieved August 2, 2020.
  8. Tong, Elson (August 24, 2019). "British consulate staffer Simon Cheng returns to Hong Kong after China detention". Hong Kong Free Press. Retrieved August 2, 2020.
  9. Fan, Wenxin (November 21, 2020). "Former U.K. Consulate Employee Says Chinese Secret Police Tortured Him". The Wall Street Journal. Retrieved August 2, 2020.
  10. Yan, Sophia (November 20, 2019). "UK to grant visa to Hong Kong consulate worker tortured in China". The Telegram. Retrieved August 2, 2020.
  11. Yu, Verna (November 20, 2019). "Former UK employee in Hong Kong 'tortured in 15-day China ordeal'". The Guardian. Retrieved August 2, 2020.
  12. Qin, Amy (November 20, 2019). "Ex-Worker at U.K. Consulate in Hong Kong Says China Tortured Him". New York Times. Retrieved August 2, 2020.
  13. Chan, Holmes (November 21, 2019). "Chinese state media publish 'confession' video of former UK consulate staffer Simon Cheng". Hong Kong Free Press. Retrieved August 2, 2020.
  14. "China releases video of UK consulate worker's confession to 'soliciting prostitution' amid torture allegations". Strait Times. November 21, 2019. Retrieved August 2, 2020.
  15. "Simon Cheng: UK media watchdog receives 'China forced confession' complaint". BBC. October 28, 2019. Retrieved August 2, 2020.
  16. Faulconbridge, Guy (November 20, 2020). "China tortured me over Hong Kong, says former British consulate employee". Reuters. Retrieved August 2, 2020.
  17. Chan, Holmes (November 21, 2019). "UK gov't summons China ambassador over 'torture' of former consulate staffer". Hong Kong Free Press. Retrieved August 2, 2020.
  18. "Chinese ambassador denies torture claims". RTHK. November 21, 2019. Retrieved August 2, 2020.
  19. Marlow, Iain (November 20, 2019). "U.K. Accuses China of Torturing Hong Kong Consulate Worker". Time. Retrieved August 2, 2020.
  20. Li-hua, Chung (December 9, 2019). "Simon Cheng says he was tailed in Taipei". Taipei Times. Retrieved August 2, 2020.
  21. Davidson, Helen (July 2, 2020). "Simon Cheng, Hong Kong consulate worker 'tortured' in China, is granted UK asylum". The Guardian. Retrieved August 2, 2020.
  22. Wong, Rachel (July 3, 2020). "UK grants exiled ex-consulate staffer Simon Cheng asylum as Hong Kong activists launch advice platform". Hong Kong Free Press. Retrieved August 2, 2020.
  23. Thomas, Natile (July 2, 2020). "Exclusive: Hong Kong activists discuss 'parliament-in-exile' after China crackdown". Reuters. Retrieved August 2, 2020.
  24. "鄭文傑創英國港僑協會　助港人英國重建生活 (10:36)". Ming Pao. July 16, 2020. Retrieved August 2, 2020.
  25. "Hong Kong 'seeking arrest' of fleeing activists". BBC. July 31, 2020. Retrieved August 2, 2020.
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