Robert Tibbo resigns from Hong Kong Bar Association due to lack of fair trial

Lawyer Mr. Robert Tibbo, known for his legal representation of the “Snowden’s guardian angels” and American Whistleblower Edward Snowden, announced today his resignation from the Hong Kong Bar. This puts an end to almost seven years defending himself in a lengthy legal battle against the prosecuting Hong Kong Bar Council in disciplinary proceedings that he has been facing in that jurisdiction. Lawyers Without Borders Canada (LWBC) continues to condemn the repression against him by the Hong Kong Bar Association.

Mr. Tibbo has been working in Hong Kong to defend the rights of refugees and dissidents for almost 20 years. Legal attacks and other forms of threats and intimidation forced him to abruptly flee the region in November 2017. LWBC helped him. When contacted by the Canadian NGO ‘For the Refugees’, LWBC’s executive director, Pascal Paradis, went to Hong Kong to monitor the situation and help Tibbo leave the jurisdiction.

The disciplinary and administrative proceedings against Mr. Tibbo violated several judicial guarantees and basic principles of justice recognized by international legal instruments such as the UN Declaration on Human Rights Defenders and the UN Basic Principles on the Role of Lawyers. In particular, there were violations of Mr. Tibbo’s rights to due process, to a fair and public trial before an independent and impartial tribunal, to be heard, and to be represented by counsel of his choice.

The UN Basic Principles on the Role of Lawyers provide that State authorities have the obligation to guarantee that lawyers:

– are entitled to freedom of expression, like other citizens;
– are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference;
– are not identified with their clients or their clients’ causes as a result of discharging their functions; and
– have the right to a fair hearing in disciplinary proceedings.

Mr. Tibbo’s case illustrates the dangerous situation of human rights defenders in Hong Kong, where international organizations have witnessed in recent years a democratic backsliding as well as major setbacks for the rule of law and the realization of human rights. The groundless and arbitrary use of disciplinary proceedings as a form of reprisals and hindrance to the work of human rights defenders in Hong Kong is indicative of the situation of human rights defenders worldwide. Those defenders working on the rights of migrants, asylum-seekers, refugees, including lawyers, are far from immune from such attacks.

In this context, and given the impossibility of having a fair disciplinary hearing respecting the above-mentioned principles, Mr. Tibbo is resigning from the Hong Kong Bar.

LWBC regrets that it has come to this. Mr. Tibbo’s work as a lawyer and human rights defender is essential to the rule of law. It must not only be protected, but encouraged.

For further information

Alex Lemieux, Communication Advisor

alex.lemieux@asfcanada.ca