Hong Kong 'disappointed' by Aquino's IIRC review

(Updated 1:52 am Oct. 14) The Hong Kong government expressed disappointment in President Aquino's decision to downgrade the charges against Manila Mayor Alfredo Lim and other officials involved in the mishandling of the August 23 hostage crisis. The official Hong Kong response mirrored the dismay of many in the city, including ex-hostages and relatives of the eight Hong Kong nationals killed in Manila. The Hong Kong government said the Philippine government must "live up to their pledge to be accountable to the public." The Hong Kong government expressed dismay over Aquino's decision not to heed some of the recommendations of the Incident Investigation and Review Committee (IIRC), whose report was earlier furnished to the Hong Kong government. "The Philippine Government decided to lessen the recommended actions against the relevant officers named in the first report by the Incident Investigation and Review Committee. The people of Hong Kong, especially the survivors and the victims’ families, will find this hard to accept," the statement read. "The Hong Kong SAR Government is also disappointed," it read. Brother of HK victim: Mayor Lim let off the hook Meanwhile, Tse Chi-kin, the brother of tour guide Masa Tse Ting-chunn, who was the first person to be shot dead by Mendoza, said he was disappointed with Aquino's actions. In an article on "The Standard," he branded the administrative charges laid against Lim seemed like he was let off the hook. Surviving hostage Li Yick-biu, 72, on the other hand, said: "He [Lim] made the most mistakes. He is the leader, so he should be punished. Now the government has just found a few scapegoats." On August 23, dismissed policeman Rolando Mendoza held hostage a Hong-Thai bus carrying 21 tourists from Hong Kong and four Filipino travel agency staff near the Quirino Grandstand in Manila. At the end of the 11-hour hostage drama, eight tourists and Mendoza were killed. The IIRC, headed by Justice Secretary Leila de Lima, recommended sanctions against more than 10 individuals for the supposed mishandling of the hostage incident. However, Aquino on Monday ordered the filing of administrative charges only against four police officials, Manila Mayor Alfredo Lim, and Deputy Ombudsman Emilio Gonzalez III. Only the hostage-taker's brother, SPO2 Gregorio Mendoza, will be held criminally liable for illegal possession of firearms and serious illegal detention. Aquino decided not to pursue charges against his long-time friend Interior Secretary Rico Puno, retired Philippine National Police Jesus Verzosa, Manila Vice Mayor Isko Moreno, broadcasters Michael Rogas and Erwin Tulfo, and broadcast stations ABS-CBN, GMA, and TV 5. In expressing its dismay with Aquino's actions, the Hong Kong government said it is asking the Philippine government to "follow through the required actions." "The eventual actions to be taken against the persons involved must live up to their pledge to be accountable to the public. That is also what is owed to the dead and the injured," read the statement. The Hong Kong government also said it was expecting the Philippine government to disclose its findings on the causes of death and injury and to submit a second report on the review of the mechanism and procedures of handling similar incidents in the future. 'We understand Hong Kong sentiments' In Malacanang, presidential spokesman Edwin Lacierda said the Philippine government "understands" the Hong Kong government's sentiments but maintained that Aquino's decision not to follow some of the IIRC's recommendations was based on an "honest assessment" of facts. "We understand their frustration because there was a previous IIRC report, but we have already emphasized the nature of the IIRC report: that they are recommendatory in nature and that the president had the prerogative to adopt or modify the results," Lacierda said in a phone-patch interview. Lacierda maintained that the Palace legal review, which was done by Executive Secretary Paquito "Jojo" Ochoa Jr. and Chief Presidential Legal Counsel Eduardo de Mesa, was based on three parameters: (1) the facts enumerated in the IIRC report; (2) the possible criminal, and administrative sanctions that could be imposed under the law; and (3) whether the cases to be filed will prosper. "Based on the three parameters it was concluded there was no criminal negligence involved," Lacierda said. "Yes, the study concluded there was negligence involved but they were not criminal in nature or at least it does not rise up to criminal negligence." "That was based on an honest assessment of the facts as gathered by the IIRC," added Lacierda. PCIJ report denied At the same time, Lacierda said it was not true that Aquino wanted Lim, Verzosa, and Puno to be cleared of the charges even before the review by Malacañang lawyers, as reported by the Philippine Center for Investigative Journalism in its report "From Day 1, PNoy wanted to save Lim, Puno, Verzosa." Lacierda said Justice Secretary Leila de Lima, chair of the IIRC, told him that she does not remember Aquino saying anything to that effect. Lacierda said the government is prepared to defend its actions before the Chinese government when the high-level delegation led by Vice President Jejomar Binay flies to China. Lacierda and Foreign Affairs Secretary Alberto Romulo are also expected to be part of the delegation. "Our purpose there is to present the report to the Chinese government through the Chinese Foreign Ministry. If asked, obviously, yes [we will defend it]. They will be explaining the results of the findings of both the IIRC and the facts concluded by the ES and the CPLC," he said. The Palace spokesman, however, said the date of the delegation's trip has yet to be finalized. In a statement, Ochoa assured the Chinese government and the people of Hong Kong that the Philippine government "is taking active measures to ensure the quick initiation and resolution" of the cases that will be filed against those found to be liable for the poorly-handled hostage situation. "We have already begun taking steps to implement the reforms needed to ensure that our police forces have the equipment and training necessary to properly respond to incidents of this nature," he added. Justice for victims "Talagang 'yung recommendations ng investigating committee ay hindi naman sinalubong ni Aquino. Kami din, medyo ang tingin namin ay hindi maganda (ang naging desisyon) lalo na kung ang objective ay bigyan ng hustisya 'yung mga biktima, at alamin kung sino ang mga accountable sa nangyari," said Eman Villanueva, Vice-Chairperson, Filipino Migrant Workers' Union-Hong Kong. For us Filipinos in Hong Kong, we've done our part and we were able to show na kami ay nakisimpatya at kami rin ay hindi masaya sa nangyari. So government na talaga ang bahala sa accountability. Parang pakitang-tao lang ito," he added. Filipino migrant workers' groups are demanding that the original recommendations of the IIRC be followed. Meanwhile, Elizabeth Tang, Chief Executive of the Hong Kong Confederation of Trade Unions, said, "I think it's really disappointing in the eyes of the community because we have been demanding a thorough investigation. "We also demand that those found out to be responsible should be seriously handled. It seems that the (Philippine) government did not take the IIRC report seriously. He owes us an explanation," she said. Jackie Hung of the Justice and Peace Commission of the Hong Kong Catholic Diocese said, "We don't have much expectations from Aquino knowing his past actions, but we're a little disappointed. The (IIRC) report was a good one, but it was turned down by Aquino. It is now of international focus but he is still dealing with it the same way. We are disappointed that only police officers will be held responsible."
Libarios: Officials not yet off the hook Meanwhile, lawyer Roan Libarios, who was part of the IIRC panel representing the Integrated Bar of the Philippines, said government officials are still not yet off the hook even as Malacañang recommended charges to be filed only against four police and two civilian officials. The Hong Kong government, as well as the hostage victims and their families, may still file charges against Philippine police and government officials, he explained. "Any organization o Pilipino, pwedeng magsampa ng kaso sa NAPOLCOM [can file a case before the National Police Commission] asking for higher liabilities. Hindi naman ito mafo-foreclose [The issue will not be foreclosed], even in Philippine courts, not only the foreign nationals," he said. Libarios likewise disclosed that before Malacañang made public its review of the IRRC report, the panel appealed for the Palace review panel not to change its recommended actions against some government officials. A report on GMA News’ “24 Oras" by Sandra Aguinaldo said sources revealed that the IIRC took issue with Malacanang’s recommendation that cases may possibly be filed against journalists Erwin Tulfo and Michael Rogas of Radyo Mo Nationwide, while stating that only administrative cases may be lodged against local and police officials. Sources likewise said that the IIRC panel appealed not to downgrade the possible actions that may be taken against Manila Mayor Alfredo Lim and Interior and Local Government Undersecretary Rico Puno, as well as not to remove former PNP chief Jesus Verzosa from the list of those who may be held liable. Libarios declined to confirm the sources’ allegations, but nevertheless said he is “worried" about the Palace’s actions. "There will be a problem here, how the agencies of the government would deal with the cases now because prejudgment has already occurred, that the officials have no criminal liability," Libarios explained partly in Filipino. – VVP/RSJ/HS with JMA/JV, GMANews.TV