German consulate distances itself from refugee protection row over Hong Kong fugitives Ray Wong and Alan Li, pledging ties with city will not change
- German Federal Foreign Office is not part of decision-making process, says official statement released on Tuesday
- Beijing and Hong Kong leader Carrie Lam earlier expressed strong opposition to Berlin’s decision, saying it undermined city’s international reputation
The German consulate in Hong Kong on Tuesday sought to distance itself from Berlin’s decision to grant refugee protection status to two fugitives wanted on rioting charges, pledging ties with the city would not change.
The German consulate said it had taken note of Lam’s concern, but sought to steer clear of the decision to grant such a status to the duo.
“The German Federal Foreign Office is not part of the decision-making process.”
The consulate reiterated that Berlin’s policy towards Hong Kong had not changed, adding it had been “in constant contact with the competent German authorities concerning the matter”.
Under German policy, a person granted refugee protection status would first be allowed to stay for three years and, following a review, be granted a settlement permit equivalent to residency.
The Hong Kong office of China’s foreign ministry also summoned acting consul general David Schmidt for an emergency meeting last Friday, where a representative expressed “strong dissatisfaction and resolute opposition”.
Lam told Schmidt last Friday she strongly objected to, and deeply regretted, Berlin’s decision. She said the move undermined Hong Kong’s international reputation in terms of judicial independence.
Critics have raised concerns the law could be abused by Beijing to target political activists in Hong Kong.
Wilson Chan Wai-shun, lecturer at Chinese University’s Global Studies Programme, said the German consulate had hoped to make it clear through its statement that scrutinising asylum applications was not its responsibility, but that of BAMF.
“The German consulate has found it necessary to clarify that it is of no use for the members of public to protest at the consulate office,” said Chan, referring to the actions of pro-Beijing groups.
“The consulate is not in a position to vet asylum applications, and can only channel the concerns of the public to its colleagues in Berlin. Its role, actually, is to maintain the good ties between Germany and Hong Kong.”
Bar Association chairman Philip Dykes said both Hong Kong and Chinese officials were “overdoing” it in associating the German decision with the city’s rule of law status.
Speaking in a personal capacity, Dykes said a sovereign state had the power to grant refugee status based on its own law, and should not cause concern when it came to the city’s judiciary.
“It’s more probably to do with the Secretary of Justice’s selection of individuals to face prosecution, rather than not having confidence in the judges,” Dykes said. “[The government] may well reflect on that.”
He said asylum status itself does not necessarily reflect badly on a place’s rule of law status, because there were precedents for Western citizens being granted asylum elsewhere, such as members of the Irish Republican Army.
“Even countries with very good reputations, you’d find refugees, that doesn’t mean the rule of law has collapsed in that place,” Dykes said.
Additional reporting by Alvin Lum
