Request for Sanctions Under Magnitsky Law 請求以《馬格尼茨基法案》作出制裁

Honourable Mélanie Joly
Minister of Foreign Affairs
Global Affairs Canada

February 24, 2025

Dear Minister Joly,

Request for Targeted Sanctions Under the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law)

We, the undersigned, respectfully submit this request for the Canadian government to impose targeted sanctions on individuals in Hong Kong who have played critical roles in enforcing the region’s repressive policies, undermining judicial independence, and facilitating the persecution of pro-democracy activists.

We urge the Canadian government to impose sanctions on the following individuals.

Officials Responsible for the Enforcement of Repressive Policies

The recent issuance of arrest warrants and HK$1 million bounties for six activists, including Joseph Tay and Victor Ho, Canadian citizens residing in Canada, has increased the total number of such warrants and bounties worldwide to 19. This illustrates the extent of the transnational repression and extraterritorial overreach by the Hong Kong government. These actions, which criminalize dissent and intimidate individuals abroad, demand a strong response from Canada.

Paul Lam Ting-kwok 林定國 (Secretary for Justice)
On August 13, 2022, Lam signed an order mandating the trial of 47 pro-democracy activists without jury. This decision undermined Hong Kong’s 177-year tradition of jury trials, citing vague claims of “involvement of foreign elements” and “personal safety of jurors and their families,” eroding judicial independence.

Chris Tang Ping-keung 鄧炳強 (Secretary for Security)
On December 24, 2024, Tang invoked Article 23 “Safeguarding National Security Ordinance” to impose special orders against former lawmakers and activists. These measures included cancelling passports, freezing assets, and prohibiting financial transactions involving exiled pro-democracy figures.

Raymond Siu Chak-yee 蕭澤頤 (Commissioner of Police)
Siu led the Hong Kong Police in posting HK$1 million bounties for information leading to the arrests of six overseas activists, including Canadian citizens Joseph Tay and Victor Ho. These actions targeted individuals with baseless accusations under the National Security Law (NSL).

Andrew Kan Kai-yan 簡啟恩 (Deputy Commissioner of Police)
Kan authorized the freezing of bank accounts belonging to the six activists and issued public warnings against supporting them financially, effectively criminalizing acts of solidarity.

Steve Li Kwai-wah 李桂華 (Chief Superintendent, National Security Department)
Li accused the six wanted individuals of engaging in activities endangering national security, exemplifying the misuse of the NSL to suppress dissent abroad.

John Lee Ka-chiu 李家超 (Chief Executive of Hong Kong)
Lee’s administration framed the 2019 protests as a “Hong Kong version of a colour revolution” and announced details of the new security law under Article 23. His administration has facilitated arbitrary arrests and the erosion of fundamental freedoms.

Officials Complicit in Judicial Repression

We have also included members from the judiciary in this candidates list, for their active and complicit roles in advancing politically motivated prosecutions, denying fair trial rights, and enabling systemic repression under the guise of law. 

Such actions constitute a breach of the Universal Declaration of Human Rights and other international legal standards to which Canada is committed. By targeting specific individuals who have misused their authority to oppress rather than uphold the integrity of the judiciary, Canada will send a clear message that judicial positions are not shields for impunity.

Justice Chan Kwong-chi (陳廣池)
Presided over the 721 Yuen Long Attack Case, where pro-democracy defendants were disproportionately penalized while perpetrators aligned with pro-Beijing groups received light sentences, undermining judicial independence and public trust in the rule of law.

Justices Victor So Wai-tak (蘇惠德), Esther Toh Lye-ping (杜麗冰), Andrew Chan Hing-wai (陳慶偉), Alex Lee Wan-tang (李運騰), Johnny Chan Jong-herng (陳仲衡)
Presided over pre-trial detention and politically motivated prosecution of 47 democracy advocates, including elected lawmakers, for organizing “unofficial” primary elections in 2020 primary elections; and sentencing 45 of them, including Professor Benny Tai, to harsh penalties thus exemplifying the politicization of Hong Kong’s judiciary.

Justice Peter Law Tak-chuen (羅德泉)
Oversaw the conviction of human rights lawyer Chow Hang-tung for peaceful activism, reflecting the judiciary’s misuse of the NSL to criminalize fundamental freedoms.

Justices Esther Toh Lye-ping (杜麗冰), Susana D’Almada Remedios (李素蘭), Alex Lee Wan-tang (李運騰)
Presided over the trial of Jimmy Lai, denying him a jury trial and perpetuating politically motivated charges to dismantle press freedom.

Crown Prosecutor Anthony Chau Tin-hang (周天行)
Played a key role in politically motivated prosecutions, including those of the Hong Kong 47, suppressing dissent through legal intimidation.

Under the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law), Canada can impose targeted sanctions on foreign officials who are complicit in or responsible for gross violations of internationally recognized human rights. The named individuals meet this criterion due to their roles in:

• Denial of fair trial rights (Article 10 of the Universal Declaration of Human Rights).
• Arbitrary detention and persecution based on political beliefs (Article 9 of the International Covenant on Civil and Political Rights).
• Suppression of freedom of expression and assembly (Articles 19 and 20 of the Universal Declaration of Human

Sanctions should include:

• Imposing asset freezes and travel bans on the individuals named above.
• Publicly condemning the use of the NSL to undermine Hong Kong’s judicial independence and human rights.
• Collaborating with international allies to hold these officials accountable and amplify the call for justice.

The actions of these officials constitute a direct attack on the principles of democracy, human rights, and the rule of law. Canada has a moral and legal obligation to respond decisively. By imposing these sanctions, Canada will send a strong message to the world that it stands firmly against human rights abuses and authoritarian overreach.

We urge your immediate attention to this matter and will be able to provide additional evidence in support of this submission.

Sincerely,

Edmund Leung, Chair, Vancouver Society in Support of Democratic Movement
on behalf of