Human Rights Situation in Hong Kong Hong Kong Watch Breifing on Events: February 2021

HONG KONG WATCH BRIEFING

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-draconian-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. The Committee is full of Beijing’s allies.

2. More importantly, the rules for the Legislative Council have been transformed. 20 new seats have been added which will be filled by members of the Chief Executive Election Committee. All of the remaining candidates must now be pre-screened by

8 https://www.aljazeera.com/news/2021/2/16/hong-kong-trial 9 https://www.thestandnews.com/court/%E7%90%86%E5%A4%A7%E8%A1%9D%E7%AA%81-12- %E4%BA%BA%E8%B8%A2%E4%BF%9D%E5%BE%8C%E9%81%AD%E6%8E%A7%E6%9A%B4%E5 %8B%95-11-%E4%BA%BA%E9%82%84%E6%8A%BC-%E8%A2%AB%E6%8C%87%E5%BE%9E%E6 %A0%A1%E5%85%A7-%E7%AA%81%E5%9C%8D%E8%80%8C%E5%87%BA/ 10 https://twitter.com/XinqiSu/status/1362284756361076741 11 https://www.bbc.co.uk/news/world-asia-china-56296848; and https://www.theguardian.com/global-development/2021/mar/05/hong-kong-is-crumbling-seven- days-that-crushed-citys-last-resistance 6 Human Rights Situation in Hong Kong

the Chief Executive Election Committee, meaning that large swathes of the existing candidates have been excluded from the system.

3. Finally, they have introduced a ‘patriot’ test for candidates for public office which screens out anyone who is not deemed ‘patriotic’, i.e. utterly loyal to the Chinese Communist Party, thereby disqualifying the opposition.

Analysis: Why does this matter?

1. Hong Kong’s electoral system has always been rigged. The ‘Chief Executive Election Committee’ has always been full of Beijing’s allies and the city’s elites, it is not democratically selected.

The Legislative Council has always had 35 ‘functional constituencies’ which were not democratically elected, but tended to be the pro-government representatives of key industries.

2. BUT/ Under the old system, there was the hypothetical possibility that the pro-democracy camp (which represents most of the population) could win. This has now been firmly and totally ruled out. The democrats, who represent the majority of the population have been essentially screened out by the current reforms. The ‘patriot’ test combined with the screening by the Chief Executive Election Committee of candidates will ensure that the opposition has essentially been totally disqualified. Democracy in Hong Kong is dead as a result.

3. This is in breach of Hong Kong’s constitutional safeguards agreed as part of the Sino-British Joint Declaration. Under Article 45 of Hong Kong’s Basic Law, the transition towards universal suffrage for the election of the Chief Executive is guaranteed. This now looks impossible.

4. The Sino-British Joint Declaration guarantees that the rights and freedoms of Hong Kong’s citizens will be upheld and protected.

To ensure these reforms are in place ahead of the next Legislative Council election, it has been reported that the Hong Kong Government will also postpone the Legislative Council election in September for a second time.

Commenting on the electoral reforms, Lord Patten of Barnes, the last British governor of Hong Kong and a patron of Hong Kong Watch said:

“China's communist parliament has taken the biggest step so far to obliterate Hong Kong's freedoms and aspirations for greater democracy under the rule of

7 Hong Kong Watch Breifing on Events: February 2021

law. Breaking all its promises, not least those made by Deng Xiaoping, the Chinese Communist Party has ordained that in order to be a Chinese patriot you must swear allegiance to the Communist Party. This completely destroys the pledge of one-country, two-systems. The Chinese Communist Party has shown the world once again that it cannot be trusted. It is a continuing and brutal danger to all who believe in free and open societies.”12

Benedict Rogers, Hong Kong Watch’s Chief Executive, said:

“The announcement of a further postponement of the Legislative Council elections until the committee which selects the Chief Executive, and is made up overwhelmingly of Chinese Communist Party members, is given the power to directly nominate and appoint members to the legislature marks the death knell of Hong Kong’s democracy.

These reforms present not just a breach of the Sino-British Joint Declaration and Hong Kong’s Basic Law but a wholesale re-writing of the rules by Beijing. It is clear that President Xi is not even willing to play lip-service to the idea of One Country, Two Systems or to China’s international treaty obligations anymore.

Under these reforms the majority of Hong Kongers face permanent political disenfranchisement, with any candidate who offers criticism of Beijing or support for Hong Kong’s autonomy and democracy effectively barred from participation. Of course, most of the democratic slate are now in jail anyway. In Hong Kong, popular public sentiment is being replaced with totalitarianism.

Such a cynical and permanent re-writing of Hong Kong’s Basic Law requires a firm response from the British Government, including the swift introduction of Magnitsky sanctions and the suspension of any further trade talks with China.”

Oaths for district councillors

The Hong Kong Government 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.

Behaviours deemed to be in breach of this oath include committing acts prohibited by Article 23 of the Basic Law and the National Security Law, or other offences that endanger Hong Kong’s national security. Any refusal to recognise China’s sovereignty over Hong Kong and to object the government’s performance of duties and functions could lead to disqualification.

The Secretary for Constitutional and Mainland Affairs Erick Tsang has stated that those who violate their oaths will be banned from office for five years. The ban will include Legislative Councillors.

12 https://www.hongkongwatch.org/all-posts/2021/3/5/patten-npc-electoral-reforms-in-hong-kong- completely-destroys-the-pledge-of-one-country-two-systems 8 Human Rights Situation in Hong Kong

All but one district councils were won by pro-democracy candidates last year, after they swept the board in the local elections. The district council elections are the only fully democratic elections in the city.

The amendments to the Public Offices (Candidacy and Taking Up Offices) (Miscellaneous) Ordinance which will introduce the new requirements will arrive at the legislature for the first and second reading on March 17 2021.

The Secretary for Constitutional and Mainland Affairs has already identified four pro-democracy district councillors who face losing their seats once the new requirements come into place. They include Tiffany Yuen, Fergus Leung, Lester Shum and Tat Cheng. The four district councillors previously had their nominations to run in the postponed Legislative Council election last year denied by returning officers.13

A new law banning public criticism of Hong Kong and Chinese officials

On 17 February 2021, local media reported that the Hong Kong Government is currently considering the introduction of legislation that would make it a criminal offence to insult government officials.14

This comes in the same month that Hong Kong’s Chief Executive, Carrie Lam’s approval rating was reported to stand at just 17%.15

Hong Kong Legislative Council passes a law banning people from leaving the city

Hong Kong’s Legislative Council in February 2021 adopted a new law that would give immigration officials the power to instruct airline carriers to remove individuals from their planes. The new legislation has prompted concern from human rights groups that it will be used to prevent Hong Kongers who wish to leave the city to take up the UK’s BNO offer and the lifeboat schemes announced by Canada and Australia.

The Hong Kong Bar Association has criticised the law as “concerning” and “intrusive” arguing that the Hong Kong Government has failed to produce evidence as to why the law is necessary and that it should be up to courts and not officials to decide to introduce a travel ban on individuals.16

13 https://www.hongkongwatch.org/all-posts/2021/2/23/the-introduction-of-an-oath-of-allegiance- for-district-councillors-is-a-further-step-by-beijing-to-erase-democracy-in-hong-kong 14 https://www.bloomberg.com/news/articles/2021-02-17/hong-kong-may-prohibit-insults-of-public-officials-reports-say 15 https://www.bloomberg.com/news/articles/2021-02-17/hong-kong-leader-s-approval-rating-falls- to-lowest-since-sept?cmpid=socialflow-twitter-business&utm_source=twitter&utm_content=business&utm_medium=social&utm_campaign=socialflow-organic 16 https://www.theguardian.com/world/2021/feb/13/hong-kong-alarm-over-proposed-law-that- could-ban-anyone-from-leaving 9 Hong Kong Watch Breifing on Events: February 2021

Financial Secretary reserves HK$8 billion for national security

On 24 February 2021, Paul Chan, Hong Kong’s Financial Secretary announced that the Government has earmarked reserves of HK$8 billion for national security purposes.

A breakdown of the figures provided in Chan’s latest financial blueprint showed that the sum would go to a “special fund” for national security purposes. An appendix revealed that this fund is aimed at meeting the expenditure for safeguarding national security and approving the establishment of relevant posts, which are not restricted by Hong Kong laws.

The Financial Secretary refused to disclose details of how the authorities arrived at the figure, saying only that he had discussed the issue with the relevant national security authorities.17

5. 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.

Denial of bail for Jimmy Lai

On 9 February 2021, the Court of Final Appeal rejected Jimmy Lai’s application for bail. He is held in custody, awaiting a National Security Law charge.

The court judgment stated that it was outside of the jurisdiction of the Court of Final Appeal to assess the National Security Law’s compliance with the human rights safeguards laid out in the Basic Law or the International Covenant on Civil and Political Rights.

Essentially, the Court of Final Appeal affirmed in the judgment that where there are constitutional conflicts between the National Security Law and human rights guarantees in the Basic Law, the National Security Law supersedes the Basic Law and the Hong Kong Bill of Rights Ordinance.

The precedent set by this judgment is significant. It signals that the courts will not allow human rights-based challenges to the new legislation. This thereby consolidates the new constitutional order in Hong Kong. The NPC can freely legislate without regard for the Basic Law. ‘National security’, as vaguely defined in the National Security Law, overrides constitutionally protected rights.

This judgment also raises questions for international judges on the Court of Final Appeal. With human rights-based objections to the National Security

17 https://news.rthk.hk/rthk/en/component/k2/1577245-20210224.htm 10 Human Rights Situation in Hong Kong

Law effectively outlawed, there is now a question as to whether foreign non- permanent judges are adding a veneer of legitimacy to a broken system.18

The first National Security case will be heard without a jury

The Justice Secretary, Teresa Cheng, reportedly confirmed on 8 February that the first National Security Case will be heard without a jury. Instead, three judges hand-picked by the Chief Executive and Beijing will preside over the case.

Tong Ying-kit, the first person to be tried under the draconian law, was arrested the day after the law came in to effect for allegedly driving his motorbike into a crowd of police officers while flying a protest flag.

Currently on remand, he is charged with “terrorism” and “inciting secession” and faces up to life in prison if convicted. Tong Ying-kit’s case is being handled by the High Court's Court of First Instance, where trials are usually heard by a judge alongside seven to nine jurors.

A legal source confirmed today that the Hong Kong Justice Secretary has invoked Article 46 of the National Security Law, which states that national security cases will not have to be heard in the open or with a jury, if the Justice Secretary deems that ‘based on the protection of state secrets, the case has foreign-related factors, or the personal safety of the jurors and their families’.19

Pro-Beijing lawmakers’ call for reform of the judiciary threatens end to ‘Hong Kong’s legal centre’

The head of the Hong Kong Bar Association, Paul Harris QC, on 21 February 2021 warned that calls from pro-Beijing lawmakers to reform the judiciary could threaten Hong Kong’s status as a legal centre.

Under the suggested changes judges would be forced to consult a new council made up of members of the community before handing down sentences.

The proposed council would amount to “a powerful body which would tell judges what to do” and would be “a major backward step”, Harris has warned.20

18 https://www.hongkongwatch.org/all-posts/2021/2/9/denial-of-bail-to-jimmy-lai-marks-a-legal-wa- tershed-as-court-of-final-appeal-confirms-it-cannot-consider-constitutional-challenges-to-the-nsl 19 https://www.hongkongwatch.org/all-posts/2021/2/8/theresa-chengs-decision-reinforces-our- worst-fears-that-pro-democracy-activists-arrested-under-the-nsl-face-politically-charged-trials-held-in- secret-and-overseen-by-judges-handpicked 20 https://www.ft.com/content/da312e66-bea5-464f-bc5a-490729f3fbca?segmentid=acee4131- 99c2-09d3-a635-873e61754ec6 11 Hong Kong Watch Breifing on Events: February 2021

6. Academic freedom on life support

Beijing throughout February 2021 has used the National Security Law to continue its curtailing of academic freedom and plans to rewrite Hong Kong’s education curriculum.

The introduction of National Security Education for six-year-olds

The Chinese Government has announced the introduction of national security education in Hong Kong schools. The topic will be covered across the curriculum from subjects ranging from biology to geography.

Children as young as six will be taught to memorise the four crimes under the National Security Law introduced last June: secession, subversion, collusion with foreign forces, and terrorist acts. International schools will be expected to teach the new national security curriculum as well.

Under the new rules schools are also instructed to inform police and parents about incidents involving “political propaganda” – including students chanting slogans, posting material with political messages and asking or coercing other children to follow their political stance.21

While the fact that more than ten thousand people face protest-related charges naturally garners the headlines, the transformation of the curriculum in Hong Kong appears to be one of the biggest push factors likely to encourage Hong Kongers to leave the city and take up lifeboat offers.22

Increase in school drop-out rate

Following the introduction of the National Security Law, the Times has reported a substantial fall in the number of students attending secondary school in Hong Kong. With hundreds of students dropping out as their families seek to move abroad.

At least 1,474 fewer pupils were enrolled in the system in the July-November 2020 period, with about half of them saying that they were withdrawing because they were emigrating with their families, according to a survey of almost 100 Hong Kong schools.23

Chinese University of Hong Kong cuts ties with its student union

On 25 February 2021, the Chinese University of Hong Kong (CUHK) announced that it would cut ties with its student union and accused its student body of “exploiting” the campus for a political agenda.

21 https://hongkongfp.com/2021/02/05/hong-kong-children-as-young-as-6-to-be-taught-about-national-security-topic-to-be-included-across-subjects-inc-geography-biology/ 22 https://www.hongkongwatch.org/all-posts/2021/2/12/national-security-education-will-be-a-big- push-factor-for-hong-kong-emigres-to-britain 23 https://www.thetimes.co.uk/article/dropout-rate-at-hong-kong-schools-soars-as-families-flee-ter- ritory-ng9jdqgrn?utm_medium=Social&utm_source=Twitter#Echobox=1614082737 12 Human Rights Situation in Hong Kong

The university said it would suspend members of the union’s executive from their ex-officio positions on all CUHK committees, withhold administrative support, and stop providing venues for its activities.

This announcement followed accusations that members of the student union body had breached the National Security Law by issuing public statements supportive of the pro-democracy movement.24

University of Hong Kong refuses to renew contract of pro-democracy academic

Professor Li Qinglong, 72, the world's authoritative expert on liver disease, has had her contract renewal refused by the University of Hong Kong. Professor Li Qinglong, has previously criticised the death of Hong Kong’s system of government in the past year and has supported healthcare workers striking.25

7. 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.

RTHK loses its editorial independence

On 19 February 2021, it was announced that the former Deputy Secretary of Home Affairs, Patrick Li, would take over as head of broadcasting for public broadcaster RTHK.

RTHK's Programme Staff Union expressed serious doubts about the appointment citing Mr Li’s lack of broadcasting experience and concerns over editorial independence.26

Following Mr Li taking over as head of broadcasting on 1 March 2021, three journalists quit in protest.27

8. Responses to the latest developments

Canada formally launches lifeboat scheme

On 4 February 2021, Canada formally launched its new visa route for young Hong Kongers. From 8 February 2021, Hong Kong graduates and their dependents are

24 https://www.scmp.com/news/hong-kong/education/article/3123175/hong-kong-national-security-law-chinese-university-cuts?utm_source=Twitter&utm_medium=share_widget&utm_cam- paign=3123175 25 https://hk.appledaily.com/local/20210302/X7FFHG4DWBCCVL4MZEU5U4FNFQ/ 26 https://news.rthk.hk/rthk/en/component/k2/1577245-20210224.htm 27 https://hongkongfp.com/2021/03/02/new-rthk-head-takes-over-after-three-senior-officials-quit/ 13 Hong Kong Watch Breifing on Events: February 2021

able to apply for a three-year work visa in Canada which will provide a pathway to citizenship. This includes individuals that have graduated with a Canadian post-secondary diploma or degree in the last 5 years, and those that hold an equivalent foreign credential.28

UK BNO app becomes second most downloaded

Just 24 hours after launching in Hong Kong, the UK’s BNO app has become the second most downloaded app in Hong Kong. The app allows Hong Kongers to upload information to access the BNO visa scheme, it was launched on 23 February 2021.29

According to the UK Home Office, already 5,000 Hong Kongers have applied to the BNO scheme.30

US Senate reintroduces the Hong Kong Safe Harbor Act

The United States Senators Marco Rubio and Bob Menendez on 18 February 2021 reintroduced the Hong Kong Safe Harbor Act.

The bill would:

• Grant certain Hong Kongers Priority 2 Refugee Status: Hong Kongers who participated peacefully in the protest movement and have a well-founded fear of persecution will be eligible for Priority 2 Refugee processing in Hong Kong or a third country. Refugees from Hong Kong will not be subjected to the numerical limitation.

• Waive Immigration Intent as a Factor for Non-Immigrant Visas: For those Hong Kongers who have been arrested for protest-related offenses or served in a humanitarian or organizing role in the protests, the intent to immigrate will not be considered as a factor for non-immigrant visas to ease the way for an asylum claim.

• Treat Revocation of Hong Kong Residency in Retaliation for Applying for Refugee Status or a U.S. Visa as Political Persecution: If Beijing revokes the residency of Hong Kongers for applying for refugee status or a U.S. visa, then those individuals will remain eligible for refugee status as victims of political persecution.

The bill is currently co-sponsored by ten Senators from both parties, including Senator Todd Young, Ben Cardin, John Cornyn, Jeff Merkley, Elizabeth Warren, Dick Durbin, James Lankford, Ron Wyden, Richard Blumenthal and Chris Coons.31

28 https://www.hongkongwatch.org/all-posts/2021/2/4/hong-kong-watch-welcomes-the-launch-of- canadas-young-talents-visa-scheme-for-hong-kong-graduates-and-their-dependents 29 https://www.bangkokpost.com/world/2073823/british-national-overseas-visa-app-spikes-in-pop- ularity-in-hong-kong 30 https://www.thetimes.co.uk/article/thousands-in-hong-kong-sign-up-to-bno-visa-scheme-for-uk- citizenship-jbgffszbn 31 https://www.hongkongwatch.org/all-posts/2021/2/18/hong-kong-watch-endorses-reintroduction- of-the-hong-kong-safe-harbor-act-in-the-us-senate 14 Human Rights Situation in Hong Kong

EU Parliamentarians call for Beijing Olympics to be relocated because of crackdown in Hong Kong

On 25 February 2021, a cross-party group comprised of Members of the European Parliament wrote to the EU Commission calling for them to support the campaign to relocate the 2022 Winter Olympics from Beijing to another country, citing the continued crackdown in Hong Kong as evidence of China’s unfitness to currently hold the event.32

32 https://twitter.com/AnnaFotyga_PE/status/1364883015290261516

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