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Human Rights Situation in Hong Kong Hong Kong Watch Breifing on Events: February 2021 HONG KONG WATCH BRIEFING Human Rights Situation in Hong Kong Hong Kong Watch Breifing on Events: February 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. The continuing crackdown in Hong Kong • Throughout February 2021, we have witnessed the growing crackdown on the pro-democracy movement, including the charging and trial of 47 pro-democracy activists for last year’s democratic primaries under the National Security Law, the beginning of the trial of prominent pro- democracy activists including the father of Hong Kong’s democracy Martin Lee for ‘unlawful assembly’, the charging of a second radio DJ for ‘sedition’ and the charging of a legal assistant for ‘collusion with foreign forces’ under the National Security Law. Beijing proposals electoral reform and more draconian legislation • In February 2021, Beijing signalled its intention to further undermine the city’s autonomy by announcing plans to rewrite Hong Kong’s electoral rules and introduce more draconian legislation designed to curb dissent, including a new law banning public criticism of Hong Kong and Chinese officials and a law which would give immigration officials the power to stop Hong Kongers leaving the city. • The Hong Kong Government also announced on 28 February 2021 that it will introduce new requirements for District Councillors to swear an oath of allegiance to uphold the basic law and the national security of the PRC or face being banned from office. 2 Human Rights Situation in Hong Kong The rule of law under threat • In February 2021, the Hong Kong Government and Beijing continued their campaign to undermine the rule of law in Hong Kong. This included the Hong Kong Justice Secretary deciding that the first National Security Law case will not be heard with a jury, the Hong Kong Court of Final Appeal rejecting Jimmy Lai’s application for bail on the grounds that the National Security Law is outside of its jurisdiction, and the Hong Kong Bar Association issuing a warning that efforts by pro-Beijing lawmakers to reform the city's judiciary threaten its status as a legal centre. Academic freedom on life support • Beijing throughout February 2021 has used the National Security Law to continue its curtailing of academic freedom including through the introduction of national security education for students as young as six. Under pressure, this month the Chinese University of Hong Kong cuts ties with its student union which is accused of violating the National Security Law and the University of Hong Kong refused to renew the contract of a pro-democracy academic. A free press in the crosshairs • As part of attempts to dismantle Hong Kong's autonomy, Beijing continued in February 2021 to target journalists as part of a wider crackdown within the city. This included appointing the former Deputy Secretary of Home Affairs, Patrick Li, as head of broadcasting for public broadcaster RTHK. In response three journalists have resigned in protest citing an attack by the authorities on the editorial independence of the broadcaster. Responses to the latest developments in hong kong • Canada formally launched its lifeboat scheme for Hong Kongers. • UK BNO app becomes second most downloaded in Hong Kong after launching in February. • US Senate reintroduces the Hong Kong Safe Harbor Act. • EU Parliamentarians call for Beijing Olympics to be relocated because of crackdown in Hong Kong. 3 Hong Kong Watch Breifing on Events: February 2021 1. The continuing crackdown in Hong Kong Charging of 47 pro-democracy activists with ‘subversion’ On 28 February, 47 Hong Kong pro-democracy activists who were previously arrested on 6 January 2021 were formally charged with “conspiracy to subvert the state power” under the National Security Law, owing to their participation and organisation of the democratic primaries held last July in which over 600,000 Hong Kongers cast their votes. The democratic primaries were held to maximise the chance of the pro- democracy camp securing a majority in the Legislative Council election. Not only were some of the primaries' winners disqualified from the official election, the election itself was also postponed for a year with the Hong Kong Government citing the pandemic as cover. They were originally required to report to the police on 8 April 2021 but were summoned on 28 February 2021 — five weeks ahead of what was previously stipulated. If convicted with subversion under the National Security Law, they will all face up to 10 years in prison, or worse, life imprisonment for “an offence of grave nature”.1 Commenting on the charges, Benedict Rogers, Hong Kong Watch’s Chief Executive said: “Today marks the first time that almost every prominent Hong Kong pro- democracy activist is either in jail, exile, or on trial awaiting sentencing.” On 1 March 2021, the bail hearing of the 47 began at the West Kowloon Magistrates' Court. Up to a thousand people gathered outside of the court house to protest their trial, with the Hong Kong Police Force raising a flag calling for them to disperse or face arrested under the National Security Law.2 A lawyer of nine of the defendants was arrested on the first day of the trial, with the Hong Kong Police offering no reason for their detention. The marathon session ended after 12 hours when four defendants fainted and were taken to hospital.3 Diplomatic staff from the consulates of the UK, USA, Canada, Australia, Netherlands, Germany, and EU attended to monitor the trial.4 1 https://www.hongkongwatch.org/all-posts/2021/2/28/today-marks-the-first-time-almost-every- prominent-hk-pro-democracy-activist-in-is-jail-exile-or-on-trial-awaiting-sentencing-the-international- community-cannot-stand-idle/ 2 https://www.nytimes.com/2021/03/01/world/asia/hong-kong-protest.html 3 https://www.aljazeera.com/news/2021/3/2/hong-kong-subversion-case-resumes-after-marathon- first-day/ 4 https://twitter.com/krislc/status/1366227514943623172 4 Human Rights Situation in Hong Kong Chan Tsz-wah charged with “colluding with foreign forces” Chan Tsz-wah, a 29-year-old legal assistant, was charged under the National Security Law with “conspiracy to collude with a foreign country or with external elements to endanger national security” on 17 February 2021. He was previously arrested in October 2020 alongside nine people who were accused of helping the twelve Hong Kong youths in their attempt to escape to Taiwan. Jimmy Lai, who is already in jail awaiting trial for allegations of fraud, illegal assembly, and a separate case relating to “foreign collusion” under the National Security Law, was also arrested in relation to the case.5 Second radio host arrested under sedition Beijing’s National Security Department arrested a second radio host on a charge of “seditious intent” on 7 February 2021. Wan Yiu-sing, better known by his DJ name “Giggs”, previously hosted programmes discussing anti-government demonstrations and called for donations to support young Hong Kongers who have fled to nearby Taiwan. Authorities have not disclosed what Wan had said or did that was potentially seditious. In September 2020 another pro-democracy radio host, Tam Tak-chi, became the first person to be charged with sedition since the handover. On 10 February 2021, Wan Yiu-sing was denied bail and will remain in custody until his trial.6 Grandma Wong arrested again The veteran activist Grandma Wong was arrested again on 22 February 2021 “disorderly conduct in a public place" for protesting.7 Trial of 9 prominent pro-democracy activists On 16 February 2021, the trial of 9 prominent pro-democracy activists including the father of Hong Kong’s democracy Martin Lee and the owner of Apple Daily Jimmy Lai for ‘unlawful assembly’ began. Ahead of the start of the trial, two former pro-democracy lawmakers Au Nok- hin and Leung Yiu-chung pleaded guilty to the charges. 5 https://www.hongkongwatch.org/all-posts/2021/2/17/beijing-is-intent-on-inflicting-a-draconi- an-carousel-of-court-appearances-and-lengthy-jail-sentences-for-pro-democracy-activists 6 https://hongkongfp.com/2021/02/07/second-hong-kong-radio-host-arrested-under-coloni- al-era-sedition-law/ 7 https://twitter.com/hk_watch/status/1363939310039408642 5 Hong Kong Watch Breifing on Events: February 2021 The nine were arrested with several others in April 2020 and the charges relate to a protest on August 18, 2019, which was estimated to have drawn more than one million people.8 12 individuals charged with “rioting” at PolyU On 19 February 2021, 12 individuals were charged with “rioting” for their participation in the occupation of Polytechnic University in November 2019. Eleven of the twelve had their application for bail denied while they await their trial.9 Student arrested for participation in rally A student at the Chinese University of Hong Kong was arrested on 18 February 2021 for taking part in a rally on campus on 19 November 2020.10 2. Beijing proposes electoral reform and more draconian legislation In February 2021, Beijing signalled its intention to further undermine the city’s autonomy by floating plans to re-write its electoral rules and introduce more draconian legislation designed to curb dissent. Beijing floats electoral reform The fourth session of the 13th Chinese National People’s Congress (NPC) meeting opened on March 4th, 2021.11 At the NPC meeting the Chinese Communist Party regime is introducing a range of alarming new measures: 1. Changes to the constituent members of the Chief Executive Election Committee so that it is now made up of 1,200 people which will increase the number of members to 1,500 — adding 300 more Communist party members to the Committee.
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