Human Rights Situation in Hong Kong
Total Page:16
File Type:pdf, Size:1020Kb
HUMAN RIGHTS SITUATION IN HONG KONG: HONG KONG WATCH BRIEFING ON EVENTS: MARCH 2021 EXECUTIVE SUMMARY This briefing describes developments in Hong Kong in the last month focusing on the rapid deterioration of human rights in the city following the introduction of the National Security Law in July. POLITICAL PRISONERS: ARRESTS, CHARGES, & TRIALS In March 2021, we have witnessed the continued crackdown on the pro-democracy movement, with the trial of seven prominent pro-democracy leaders for ‘unlawful assembly’, charges laid against Andy Li under the National Security Law after a period of incommunicado detention, the jailing of former pro-democracy lawmaker Au Nok-hin, the bail hearing of student activist Tony Chung, and the Hong Kong Court ruling giving the Justice Department the power to introduce ‘joint-enterprise’ for any ‘unlawful assembly’ or ‘rioting’ case. ELECTORAL REFORM On 30 March 2021, the National Standing Committee formally adopted changes to Hong Kong’s electoral system. Amendments to Hong Kong’s elections include the reduction of directly elected members of Hong Kong’s Legislative Council from 35 to 20 and the increase of the Legislative Council’s size from 70 to 90, to ensure the dilution of the influence of directly elected members. Under Beijing’s changes anyone wishing to stand for election will need to be vetted by a newly established committee to ensure the city is “governed by patriots”. The National Security Committee and the national security police will provide reports on each candidate to assist the vetting committee. BNO PASSPORTS & THREATS TO SACK CIVIL SERVANTS In March 2021, the Hong Kong Government formally wrote to 14 countries to ask them to stop accepting the British National Overseas (BNO) passport as a form of identification or travel documentation. The Hong Kong Government also threatened to sack close to 200 civil servants if they refuse to sign an oath of allegiance to Beijing. CENSORSHIP OF THE NEWS & ARTS In the last month, the Hong Kong Government has moved quickly to censor the city’s news and vibrant arts scene in the name of national security.This includes banning the broadcasting of the Oscars for the first time in 52 years due to two films featuring the Hong Kong protest movement being nominated for awards. CHANGES ALLOWING CORPORATE DIRECTORS TO OBSCURE IDENTITIES In March 2021, the Hong Kong Government announced changes to the public listing of corporate company directors to allow them to obscure their identities. Financial experts have warned the measure would seriously undermine Hong Kong’s status as a transparent financial hub. RESPONSES TO THE LATEST DEVELOPMENTS IN HONG KONG 24 Hong Kong activists, including 13 Hong Kong pro-democracy activists in exile, have written to EU leaders to call for CAI to be blocked until the National Security Law is repealed, pro-democracy activists are released, and Hong Kong’s electoral system is restored. G7 Foreign Ministers released a joint-statement condemning Beijing’s changes to Hong Kong’s electoral system. Canadian parliamentarians have urged the Canadian Government to upgrade its lifeboat scheme for Hong Kongers. EU parliamentarians called for the EU Commission to introduce Magnitsky sanctions against Hong Kong and Chinese officials responsible for human rights violations in the city. POLITICAL PRISONERS: ARRESTS, CHARGES, & TRIALS Throughout March 2021, Beijing has continued its crackdown on the pro-democracy movement in Hong Kong, with further arrests, charges, and the continuation of trials against prominent pro-democracy activists. Former pro-democracy lawmaker jailed for loudhailer protest On 23 March, the former pro-democracy lawmaker Au Nok-hin was jailed for nine weeks for using a loudhailer at a protest on 8 July 2019. Police officers claim the noise hurt their ears and was worthy of being declared ‘assault’.1 Au Nok-hin had previously served a community service sentence for the incident, but the Court of Appeal ruled that the original sentence was “manifestly inadequate”2. The former lawmaker is also currently being detained as one of the 47 pro-democracy activists charged with subversion in February 2021. Seven prominent pro-democracy leaders found guilty over peaceful protest Seven of Hong Kong’s most prominent and senior pro-democracy activists were found guilty of ‘unlawful assembly’ on 1 April 2021, including Martin Lee, Margaret Ng, and Jimmy Lai. The seven are accused of leading a peaceful protest on 18 August 2019 in which 1.9 million Hong Kongers took to the streets against the extradition bill.3 The seven defendants were arrested in April 2020 among a group of 15 people accused of organising three protests. The maximum penalty for each offence is five years. UN Special Rapporteurs have previously called for the Hong Kong Government to reform its colonial-era Public Order Ordinance, arguing that it infringes on freedom of assembly and freedom of expression. Andy Li detained and charged under the National Security Law On 22 March, the Chinese Government returned eight of the twelve Hong Kong youths who had previously been detained in Shenzhen since August 2020. Andy Li, who had previously been arrested under the National Security Law and been accused of ‘collusion with foreign political forces’, was among those returned to Hong Kong.4 1 Ex-lawmaker jailed for nine weeks after Hong Kong court deems community service not severe enough punishment for assaulting police | South China Morning Post (scmp.com) 2 Ex-lawmaker jailed for nine weeks after Hong Kong court deems community service not severe enough punishment for assaulting police | South China Morning Post (scmp.com) 3 Hong Kong democracy leaders found guilty over peaceful 2019 protest | Hong Kong | The Guardian 4 China returns eight activists jailed for trying to flee Hong Kong | Hong Kong | The Guardian Two days later (on 24 March), Hong Kong police announced that they were pressing charges against Andy Li under the National Security Law5. After concerns raised by human rights activists and Andy Li’s family that he has not been seen in public since his return6, the Hong Kong authorities confirmed on 29 March that he is currently being held in a psychiatric institute.7 Bail hearing of Tony Chung cites support for Cantonese language as a national security offence At the bail hearing of student activist Tony Chung, who faces ‘succession’ charges under the National Security Law, the Hong Kong Government cited his support for Cantonese language and opposition to the introduction of Mandarin for ‘universal education’ as evidence of national security violations.8 This in turn could mean that any Hong Konger who supports children being educated in Cantonese (their mother tongue) could be committing an offence under the National Security Law. In 2010, Beijing previously introduced Mandarin across the whole of the education system in Guangzhou. In a city where Cantonese originated, this caused mass protests and has subsequently led to a huge drop in the number of Cantonese peakers particularly amongst the younger population.9 Many Hong Kongers fear the same will happen under the guise of national security. Hong Kong Court grants Justice Department power of ‘joint-enterprise’ for ‘unlawful assembly’ prosecutions The Hong Kong Court of Appeal has upheld the Justice Department’s power to indict suspects who were not physically at protests under the legal principle of ‘joint-enterprise’. On 25 March, the court ruled that under offences of ‘rioting’ and ‘unlawful assembly’ individuals ranging from lookouts, drivers of a getaway car, or even those on social media could be prosecuted as participants.10 5 Hong Kong police charge activist Andy Li under security law after release from Chinese prison | Hong Kong Free Press HKFP (hongkongfp.com) 6 Hong Kong fugitive Andy Li’s whereabouts remain a mystery after he fails to appear in court for national security law case | South China Morning Post (scmp.com) 7 Allies fear activist Andy Li was sent to Hong Kong psychiatric unit | World | The Times 8 港語學回應檢控官將反對「普教中」列為危害國安行為| 港語學︱港語學 (gongjyuhok.hk) 9 Chinese regions fight back against surge of Mandarin | Reuters 10 Hong Kong court grants justice department request to allow ‘joint enterprise’ prosecutions in riot, unlawful assembly cases | South China Morning Post (scmp.com) ELECTORAL REFORM On 30 March 2021, the National Standing Committee of China’s National People’s Congress formally adopted changes to Hong Kong’s electoral system. Amendments to Hong Kong’s elections include the reduction of directly elected members of Hong Kong’s Legislative Council from 35 to 20 and the increase of the Legislative Council’s size from 70 to 90, to ensure the dilution of the influence of directly elected members. This will mean that less than a quarter of Legislative Council seats will be democratically elected and nearly half the legislators will be hand-picked by Beijing. Under Beijing’s changes anyone wishing to stand for election will need to be vetted by a newly established committee to ensure the city is “governed by patriots”. The National Security Committee and the national security police will provide reports on each candidate to assist the vetting committee.11 China’s National People’s Congress also passed reforms of the role of the Chief Executive Election Committee, which will now be required to nominate Legislative Council members as well as the candidates for Chief Executive. As part of the announced changes: - A fifth sector of 300 members (which includes all Hong Kong CPPCC members & community leaders) will be added increasing the seats from 1,200 to 1,500. - The threshold for becoming a Chief Executive nominee will be raised from 150 votes to 188 votes. - 117 seats on the committee for District Councillors will be abolished.12 Through the formalisation of its changes to Hong Kong’s electoral system, China is now permanently in breach of its international treaty commitments under the Sino-British Joint Declaration, which guarantees Hong Kong’s electoral system.