By Yara Murray-Atfield and Michael Walsh
Posted 2hhours ago
abc
Hong Lim was the Parliamentary Secretary for Multicultural Affairs and an MP representing Melbourne's south-east.(Supplied)
"All manner of expressions and assemblies … are now met with immediate arrests and ruthless violence."
A former Victorian MP has been charged with incitement in Cambodia and could face jail time if he returns to his country of birth, as part of mass trials in what the former politician says is a "kangaroo court".
Key points:
Mr Lim has not been contacted by Cambodian authorities
He was banned from entering Cambodia in 2016
Most of the 15 to go on trial are youth activists already in custody
Hong Lim is one of 15 people named in part of a group trial on charges of incitement or instigating incitement, according to human rights groups.
Mr Lim served in the Victorian Legislative Assembly for 22 years between 1996 and 2018, representing the seats of Clayton and Clarinda.
Mr Lim told the ABC he was not aware he was accused of any wrongdoing until he found out through friends in human rights networks that his name was on a list put up in a Phnom Penh court less than a week before the court date of December 30.
"I was just astounded," Mr Lim said.
"Apparently they just stuck my name with 14 others on a noticeboard … apparently, this is their normal practice."
Mr Lim has not been contacted by Cambodian authorities
He was banned from entering Cambodia in 2016
Most of the 15 to go on trial are youth activists already in custody
Hong Lim is one of 15 people named in part of a group trial on charges of incitement or instigating incitement, according to human rights groups.
Mr Lim served in the Victorian Legislative Assembly for 22 years between 1996 and 2018, representing the seats of Clayton and Clarinda.
Mr Lim told the ABC he was not aware he was accused of any wrongdoing until he found out through friends in human rights networks that his name was on a list put up in a Phnom Penh court less than a week before the court date of December 30.
"I was just astounded," Mr Lim said.
"Apparently they just stuck my name with 14 others on a noticeboard … apparently, this is their normal practice."
Through human rights groups in Cambodia, Mr Lim has been able to ascertain that he is charged as an instigator of incitement.
But he has not been contacted by police or the Cambodian embassy in Australia, told what the charges relate to, or served with notice to appear at his own trial.
"It's just crazy. It's a kangaroo court," he said.
Representatives of the Cambodian Government did not respond to the ABC's requests for comment.
Hun Sen holds up his voting card while standing in front of a crowd at a voting booth.
Prime Minister Hun Sen's Cambodian People's Party won another term in 2018 effectively unopposed.(Reuters: Samrang Pring)
Prime Minister Hun Sen's Cambodian People's Party won another term in 2018 effectively unopposed.(Reuters: Samrang Pring)
Advocates and the United Nations have expressed concern in recent years about Cambodia's deteriorating human rights record, including the 2018 election broadly labelled a "sham" that awarded Prime Minister Hun Sen a sixth term in office.
Mr Lim's vocal criticisms of the current Hun Sen Government — particularly in the wake of the murder of his friend and activist Kem Lay — led him to be banned from entering the country in 2016.
"And so here the irony is that now they have summoned me to appear in their court to be sentenced," he said.
When Mr Lim was banned, a Government spokesman told the Cambodia Daily newspaper "the Khmer people will beat him if he comes to Cambodia".
The Department of Foreign Affairs and Trade (DFAT) said it was aware of reports an Australian man was facing charges in Cambodia, and stood ready to provide consular assistance. It would not comment further citing privacy obligations.
Federal Labor MP Julian Hill said he has heard reports of other Australians of Cambodian heritage facing similar charges to Mr Lim, including in his electorate of Bruce in Melbourne's south-eastern suburbs.
He said the Federal Government should be taking a public stance on the issue.
"[Foreign Minister Marise Payne] needs to stand up and speak up in defence of Australian citizens who are facing trumped up, ridiculous charges by an authoritarian gangster," he said.
"This is outrageous. People who are being charged have not set foot in Cambodia, are summonsed and will be convicted in absentia, giving them criminal records that they don't deserve."
Senator Payne's office declined to comment.
Mr Lim's vocal criticisms of the current Hun Sen Government — particularly in the wake of the murder of his friend and activist Kem Lay — led him to be banned from entering the country in 2016.
"And so here the irony is that now they have summoned me to appear in their court to be sentenced," he said.
When Mr Lim was banned, a Government spokesman told the Cambodia Daily newspaper "the Khmer people will beat him if he comes to Cambodia".
"I know that if I go there, I'll be dead, I'm quite sure," Mr Lim said.
The Department of Foreign Affairs and Trade (DFAT) said it was aware of reports an Australian man was facing charges in Cambodia, and stood ready to provide consular assistance. It would not comment further citing privacy obligations.Federal Labor MP Julian Hill said he has heard reports of other Australians of Cambodian heritage facing similar charges to Mr Lim, including in his electorate of Bruce in Melbourne's south-eastern suburbs.
He said the Federal Government should be taking a public stance on the issue.
"[Foreign Minister Marise Payne] needs to stand up and speak up in defence of Australian citizens who are facing trumped up, ridiculous charges by an authoritarian gangster," he said.
"This is outrageous. People who are being charged have not set foot in Cambodia, are summonsed and will be convicted in absentia, giving them criminal records that they don't deserve."
Senator Payne's office declined to comment.
Everyone expected to be found guilty in 'politically motivated trials'
Hundreds of Cambodia National Rescue Party supporters wearing white party caps and waving flags march ahead of the election.
The trials are believed to be part of a broader crackdown on political opposition in Cambodia.(AP: Heng Smith)
The trials are believed to be part of a broader crackdown on political opposition in Cambodia.(AP: Heng Smith)
Ten of the other people listed alongside Mr Lim, who are mainly youth activists, are already in pre-trial detention and will face court in person charged with incitement to commit a felony.
They were arrested after calling for the release of a jailed union leader earlier this year, rights groups say. They were all denied bail.
"In typical Cambodian autocratic style … [incitement laws] can be used for almost any purpose, to criminalise almost any behaviour that the Government wants to go after," Phil Robertson, the deputy Asia director for Human Rights Watch (HRW), told the ABC.
Three other people listed — Ho Vann, Ou Chanrith and Kong Sophea — were members of the opposition Cambodian National Rescue Party (CNRP) before it was dissolved in 2017, and are all understood to be living in exile.
Like Mr Lim, they have been charged with incitement.
"These are politically motivated arrests, these will be politically motivated and operated trials," Mr Robertson said.
The three CNRP politicians were earlier summoned as part of a mass trial in November, which the UN special rapporteur for Cambodia labelled "a serious violation of the due rights process".
"We see this whole process as an effort by Hun Sen to try to clear the decks of any sort of remaining opposition to his rapidly expanding dictatorship," Mr Robertson said.
"This is a guy who has a margin in the parliament of 125 to zero, he's got complete control over the security forces, both the army and police.
"He's got complete control over the courts of Cambodia, which frankly resemble kangaroo courts and certainly will act as a kangaroo court in the case of this group here."
They were arrested after calling for the release of a jailed union leader earlier this year, rights groups say. They were all denied bail.
"In typical Cambodian autocratic style … [incitement laws] can be used for almost any purpose, to criminalise almost any behaviour that the Government wants to go after," Phil Robertson, the deputy Asia director for Human Rights Watch (HRW), told the ABC.
Three other people listed — Ho Vann, Ou Chanrith and Kong Sophea — were members of the opposition Cambodian National Rescue Party (CNRP) before it was dissolved in 2017, and are all understood to be living in exile.
Like Mr Lim, they have been charged with incitement.
"These are politically motivated arrests, these will be politically motivated and operated trials," Mr Robertson said.
"And they will all be found guilty. There's no doubt in our minds."
The three CNRP politicians were earlier summoned as part of a mass trial in November, which the UN special rapporteur for Cambodia labelled "a serious violation of the due rights process".
"We see this whole process as an effort by Hun Sen to try to clear the decks of any sort of remaining opposition to his rapidly expanding dictatorship," Mr Robertson said.
"This is a guy who has a margin in the parliament of 125 to zero, he's got complete control over the security forces, both the army and police.
"He's got complete control over the courts of Cambodia, which frankly resemble kangaroo courts and certainly will act as a kangaroo court in the case of this group here."
Cambodian Prime Minister Hun Sen gestures while speaking in Phnom Penh
Hun Sen has been Cambodia's Prime Minister since 1985.(AP: Heng Sinith)
Hun Sen has been Cambodia's Prime Minister since 1985.(AP: Heng Sinith)
Mr Lim said he had been in contact with seven of the young activists on trial in the past, and sent small amounts of money to human rights groups and protest movements.
He suspects this communication is the reason he is listed to appear in court.
Mr Lim is head of the Cambodian Australian Federation and has been advocating for the Federal Government to impose Magnitsky-style sanctions on Cambodian Government figures.
"I think that has been stirring them up a bit," he said.
He suspects this communication is the reason he is listed to appear in court.
Mr Lim is head of the Cambodian Australian Federation and has been advocating for the Federal Government to impose Magnitsky-style sanctions on Cambodian Government figures.
"I think that has been stirring them up a bit," he said.
Charges likened to 'foreign interference'
Cambodian Prime Minister Hun Sen
Hun Sen has been accused of targeting prominent overseas critics of his regime.(Supplied: The Phnom Penh Post)
Hun Sen has been accused of targeting prominent overseas critics of his regime.(Supplied: The Phnom Penh Post)
Under the Cambodian criminal code, incitement to commit a felony is punishable by a prison sentence of six months to two years. Instigators of incitement face the same penalties as the perpetrator.
Without knowing the specific charges, Mr Lim is not sure what potential sentence he might incur, but expects it will be at least 10 years' jail.
While Australia has extradition arrangements with Cambodia, they are very narrow: Australia is only allowed to consider Cambodian extradition requests relating to child sex offences.
This means if Mr Lim is convicted in absentia, he would likely only be imprisoned if he returned to the country.
Without knowing the specific charges, Mr Lim is not sure what potential sentence he might incur, but expects it will be at least 10 years' jail.
While Australia has extradition arrangements with Cambodia, they are very narrow: Australia is only allowed to consider Cambodian extradition requests relating to child sex offences.
This means if Mr Lim is convicted in absentia, he would likely only be imprisoned if he returned to the country.
"I suspect that they just want to make sure that I will never get back to my home, my place of birth," he said.
Houses sit among construction sites in the town of Sihanoukville, in Cambodia.
The Cambodian Government has been accused of trying to eliminate any political opposition in the country.(ABC RN: Antony Funnell)
The Cambodian Government has been accused of trying to eliminate any political opposition in the country.(ABC RN: Antony Funnell)
Mr Hill said the behaviour of Hun Sen's Government amounted to "foreign interference" and was aimed at shutting down debate and criticism about his regime in Australia.
"The Australian Government should speak up loudly and clearly to defend the right of Australian citizens of Cambodian heritage to express whatever views they wish in support of human rights and democracy," he said.
"There's much talk and criticism of much larger, more powerful countries yet where is the Federal Government when it comes to a crony regime like Hun Sen?"
Mr Lim said he was very concerned about the young people already in pre-trial detention, who were likely to be jailed for what their lawyers say was legal protest.
"I think the other message they want to send is to try to discourage any young people who want to work with me or want to be involved in such a circle to be so cowed, so, so fearful, so, so afraid and never want to do anything," Mr Lim said.
The Cambodian League for the Promotion and Defence of Human Rights (LICADHO) is representing three of the people they dub "human rights defenders" in court.
"We believe these three young people have not committed any crime," LICADHO director Naly Pilorge told the ABC.
"2020 has been one of the hardest years for human rights defenders and their families in recent memory.
"All manner of expressions and assemblies … are now met with immediate arrests and ruthless violence."
"The Australian Government should speak up loudly and clearly to defend the right of Australian citizens of Cambodian heritage to express whatever views they wish in support of human rights and democracy," he said.
"There's much talk and criticism of much larger, more powerful countries yet where is the Federal Government when it comes to a crony regime like Hun Sen?"
Mr Lim said he was very concerned about the young people already in pre-trial detention, who were likely to be jailed for what their lawyers say was legal protest.
"I think the other message they want to send is to try to discourage any young people who want to work with me or want to be involved in such a circle to be so cowed, so, so fearful, so, so afraid and never want to do anything," Mr Lim said.
The Cambodian League for the Promotion and Defence of Human Rights (LICADHO) is representing three of the people they dub "human rights defenders" in court.
"We believe these three young people have not committed any crime," LICADHO director Naly Pilorge told the ABC.
"2020 has been one of the hardest years for human rights defenders and their families in recent memory.
"All manner of expressions and assemblies … are now met with immediate arrests and ruthless violence."
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