Demosistō

Submission to Joint Standing Committee on Foreign Affairs, Defence and Trade: Targeted sanctions to address human rights abuses

Introduction

Demosistō, established on 10 April 2016, is a pro-democracy youth activist group in Hong Kong that advocates democratic reforms, progressive values and self-consciousness of Hongkongers in the city through street politics, civil society empowerment and international advocacies, with the aim of turning Hong Kong into a pluralist city where people enjoy equality, justice and democracy.

We understand that Australia has been a country that has paid efforts to ensure the protection of human rights in the international context. We submitted a document to the United Nations Periodic Review in 2018. Our member WONG Yik Mo, in the capacity of Civil Human Rights Front, also met with Australian diplomats and discussed the recommendation directly on Hong Kong. We appreciate that Australia was among the six countries that stood up and make a recommendation to the Hong Kong Government and Central Chinese Government:

“uphold the rights, freedoms and rule of law embodied in the ‘one country, two systems’ framework for Hong Kong” 1

However, in 2019, Australia did not include human rights clauses into its Free Trade Agreement with Hong Kong after the consultation. We regret that Australia did not utilise the opportunity to contribute to the human rights protection in Hong Kong.

1 Universal Periodic Review Working Group – 31st Session Universal Periodic Review of China, 6 November 2018, https://dfat.gov.au/international-relations/international-organisations/un/unhrc-2018-2020/universal-per iodic-review/Documents/31st-session-upr-china.pdf

Upon this opportunity, we would urge the Australian Parliament and Government to utilise all mechanisms possible to fulfil its obligation as a signatory of the Universal Declaration of Human Rights, and pass the Magnitsky Act and extend its scope to Hong Kong individuals.

In this submission we would focus on the following issues: ● Urgency to protect Hong Kong’s autonomy and human rights ● Coverage of the Act ● Concrete violation of human rights in Hong Kong

Urgency to protect Hong Kong’s autonomy and human rights

Hong Kong is an important financial centre in the world. In 2019, more than 1,500 regional headquarters of foreign companies were set up in Hong Kong, 35 of them were Australian companies.2 Also, Hong Kong serves as an outpost for multinational corporations to access Chinese market, vice versa. The foreign direct investment (FDI) in China through Hong Kong accounts for two-third of overall FDI to China between Jan and Sept 2019.3 Investments to Hong Kong are secured by the rule of law. Apart from financial value, Hong Kong is also a hub for human rights organisations that have interest in China. Hong Kong is usually a desirable place for those organisations to set up an outpost as Hong Kong maintains its own legal system after the handover which enables human rights organisations to evade direct suppression from Chinese government..

In recent years, Hong Kong’s autonomy and rule of law have rapidly deteriorated. After Xi Jinping succeeded his predecessor as the president of China, China has been ambitious to expand its global influences against the free world by making use of China’s economic strength. The election of pro-China Margaret Chan Fung Fu-chun and Tedros Adhanom Ghebreyesus as the Director-General of the WHO reflects the expansion of China’s influence on the international level. As the only free city in China, Hong Kong has inevitably become the frontline between the free world and authoritarian China. If Hong Kong falls,it will reflect the failure of the free world to protect and preserve its freedom and democracy..

Coverage of the Act

Taking reference from the Canadian version of the Sergei Magnitsky Law, i.e. Justice for Victims of Corrupt Foreign Officials Act, which has been extended from Russian officials to

2 Census and Statistics Department, Number of Regional Headquarters in Hong Kong by Country/Territory where the Parent Company was Located, https://www.censtatd.gov.hk/hkstat/sub/sp360.jsp?tableID=133&ID=0&productType=8 3 , Hong Kong remains key gateway as China’s FDI rises 2.9 per cent in first nine months of 2019 despite protests, 17 Oct, 2019, https://www.scmp.com/economy/china-economy/article/3033377/hong-kong-remains-key-gateway-chi nas-fdi-rises-29-cent-first

South Sudanese and Venezuelan officials, including President Maduro, we believe that Australian version could also extend the sanction to Hong Kong and Chinese individuals, including officials who are responsible for violation of human rights, police brutality and political oppression in Hong Kong. The Magnitsky Acts in some countries like Canada, Estonia and the USA, target foreign officials or individuals. In the context of Hong Kong, we have concerns that many Hongkongers have double nationality. We would recommend that the provisions of the Australian Magnitsky Act could make sure human rights abusers be sanctioned regardless of their having Australian nationality. One possible way would be freezing the assets of the Australian nationals and deprivation of the nationality should the individual hold a Hong Kong or Chinese passport. Moreover, we recommend that the sanctioned individuals would not be granted Australian nationality, should they not hold such nationality beforehand.

Violation of human rights in Hong Kong

Hong Kong is a semi-free society that enjoys more freedom and autonomy than other cities in China. But all these freedoms have deteriorated in recent years, especially after Chief Executive Carrie Lam came to power. Due to the large amount of cases, we would only focus on a few. On top of the deterioration in the past years, Hong Kong Police committed unforgivable crimes during the anti-extradition law amendment movement.Yet the current mechanism fails to hold the perpetrating officers accountable. The global Magnitsky Act, in our view, would be a mechanism to potentially hold these individuals accountable and serve as a deterring agent.

Genocidal language

While the anti-extradition protest in 2019 kept escalating from both the Government’s and protesters’ side, the government did not show signs to de-escalate. Lam Chi-wai, chairman of the Junior Police Officers’ Association, described the protesters as cockroaches in a press conference and in a statement on behalf of the association. Ever since then did the frontline police officers start to use the term cockroaches to call protesters in public.4 Such terminologies are well-known as genocidal language. The police officer’s using such language publicly has created more hatred and rationalised the use of excessive force. Such acts should be condemned.

Obstruction of medical services and rescue

Medical workers are neutral in clashes or at warzones. Their duties are to provide humanitarian aid and save people’s lives regardless of their political beliefs. They should be protected from any attack. Obstruction of the work of medics might also put lives in danger,

4 Radio Television Hong Kong, Police group calls protesters 'cockroaches', 2019-08-04, https://news.rthk.hk/rthk/en/component/k2/1472494-20190804.htm as timely rescues could not be provided. The following are a few cases of the obstruction of medical services and rescue in Hong Kong since June 2019.

In the siege of Polytechnic University on 17 Nov 2019, 51 medical workers or journalists were arrested by the police after coming out from the campus, and forced to sit on the ground with hands tied behind their backs. All of them were arrested for rioting.5

On 4 Nov 2019 in Tseung Kwan O, Alex Chow Tsz-lok (22) fell from a car park. This suspicious incident is yet to be investigated. It was reported that, according to at least three witnesses, that the police have delayed the ambulance from rescue. The delivery of Chow to the hospital was delayed.6 He died of head injury on 8 November.

On 18 Nov 2019, a stampede ensued in Yau Ma Tei, under the new operation strategy by the new Police Commissioner, Tang Ping-keung. At least 68 protesters piled up to 5 layers in a narrow street. At least one broke his bone in the incident. The Police used pepper spray at the pile of protesters and obstructed volunteer first aiders and fire officers from rescuing the victims even when the protesters shouted “help me!” or “I don’t want to die”.78 Later the police denied the ensuing incident in their daily press conference as well as in a written statement.9

Violence and Torture

In San Uk Ling, a detention centre near the Chinese border, protesters have been physically and verbally assaulted.10 They were kept in dark rooms and beaten till bones fractured. Police delayed their medical treatment for at least six hours after they were harmed. Hong Kong was outraged after discovering such an incident.

5 , Hong Kong police arrest 51 who ‘claimed to be medics or journalists’ near besieged PolyU campus, 18 November, https://www.hongkongfp.com/2019/11/18/hong-kong-police-arrest-51-claimed-medics-journalists-near -besieged-polyu-campus/ 6 Stand News, 【尋找周梓樂墮樓真相】目擊者指警方阻白車救援 墮樓位置欄高 1.2 米 未見催淚彈 痕跡, 2019/11/5, https://www.thestandnews.com/politics/尋找周梓樂墮樓真相-目擊者指警方阻白車救 援-墮樓位置欄高-1-2-米-未見催淚彈痕跡/ 7 Hong Kong Press Press, Hong Kong police accused of driving vehicles into protesters during clearance operation, 19 November 2019,https://www.hongkongfp.com/2019/11/19/hong-kong-police-accused-driving-vehicles-protesters- clearance-operation/ 8 Epoch Times, Press Conference by Legislator Claudia Mo, 26 Nov 2019, https://www.youtube.com/watch?v=YR5ii82Aknw 9 HKSAR Government Press Release, Police clarify stampede rumour during operation in Yau Ma Tei on November 18, 20 November 2019, https://www.info.gov.hk/gia/general/201911/20/P2019112000058.htm 10 The Telegraph, UK student left with brain haemorrhage in violent arrest by undercover Hong Kong officers, 27 October 2019, https://www.telegraph.co.uk/news/2019/10/27/uk-student-left-brainhaemorrhage-violent-arrest-underc over-hong/

The Police have been employing unnecessary and disproportionate force against protesters 11. Many protesters have been reported to be tortured in detention, threatened or sexually assaulted. One man has been threatened to electrocute his genital should he reject giving out the password of his mobile phone.

One boy (check) has been threatened to electrocute his genital should he reject to give out the password of his mobile phone.

Sexual violence have also been reported quite a bit. One female protester has been strip-checked, inner thighs hit by a pence as an instruction to straddle for further investigation into her private part12 . One girl accused the police for a gang rape13 . Police Commissioner later tried to discredit her by claiming her as attempting to “mislead police”14 .

Live ammunitions have been shot at protesters unnecessarily. One 18-year-old man was shot by a police officer with a gun in his lung , three centimeters from his heart on 1 Oct 201915 . The police on the other hand claimed that the shot was on his shoulder.

An officer ran his motorcycle into the protesters in front of the camera on 11 November 2019.16 In the press conference the police again lied about what had happened, claiming that the perpetrating officer was merely trying to “seperate the protesters and the police officers”. 17

11 Amnesty International, Hong Kong: Arbitrary arrests, brutal beatings and torture in police detention revealed, 19 September 2019, https://www.amnesty.org/en/latest/news/2019/09/hong-kong-arbitrary-arrests-brutal-beatings-and-tort ure-in-police-detention-revealed/ 12 Hong Kong Free Press, Hong Kong police accused of indecent assault after protester strip searched days after arrest, 23 August 2019, https://www.hongkongfp.com/2019/08/23/hong-kong-police-accused-metoo-assault-protester-strip-se arched-days-arrest/ 13 Hong Kong Free Press, Woman files complaint against Hong Kong police over alleged rape in station, 9 November 2019, https://www.hongkongfp.com/2019/11/09/woman-files-complaint-hong-kong-police-alleged-rape-statio n/ 14 Hong Kong Free Press, Hong Kong police chief tried to ‘publicly discredit’ woman accusing officers of gang rape – lawyers, 20 January 2020, https://www.hongkongfp.com/2020/01/20/hong-kong-police-chief-tried-publicly-discredit-woman-accus ing-officers-gang-rape-lawyers/ 15 Hong Kong Free Press, 18-year-old shot by Hong Kong police in stable condition as students stage protest, 2 October 2019, https://www.hongkongfp.com/2019/10/02/18-year-old-shot-hong-kong-police-stable-condition-students -stage-protest/ 16 The Telegraph, Hong Kong police officer drives motorcycle into protesters, 11 November 2019, https://www.youtube.com/watch?v=-J5smZrXawo 17 INMEDIAHK, 葵芳警電單車撞人 謝振中：圖「分隔」示威者及警員, 11 November 2019, https://www.inmediahk.net/node/1068533

Simon Cheng, a former employee of the British Consulate General, was taken to China from the High Speed Rail Way Station in West Kowloon. In a detention facility in Shenzhen, where he was tortured, he met with Hong Kong protesters who faced the same fate as himself. According to Cheng, some of the officers in Shenzhen spoke perfect Hong Kong style , and very likely to be from Hong Kong.18 Should any Hong Kong officers take part in such operations, they should be condemned.

Police Complaint The Complaint Against Police Office (CAPO) is the existing mechanism that holds police accountable for misconduct or violation of police regulations. This mechanism is conducted by the police and has long been criticised by the United Nations. The Concluding observations on the third periodic report of Hong Kong, China, adopted by the Committee at its 107th session, 11- 28 March 2013 (CCPR/C/CHN-HKG/CO/3) suggested that:

“Hong Kong, China, should take necessary measures to establish a fully independent mechanism mandated to conduct independent, proper and effective investigation into complaints about the inappropriate use of force or other abuse of power by the police and empowered to formulate binding decisions in respect of investigations conducted and findings regarding such complaints.”19

Yet the situation has been worsened since 12 June 2019. Police refused to show their warrant cards, put their police number on the shoulders, hide their faces with masks, etc., making it literally impossible for citizens to file any complaint. The advice that police top-brass or Government officials give citizens in dealing with police violence is to utilise existing mechanisms and file complaints. Without consequences, the police officers feel free to violate their regulations, and turn Hong Kong into a dangerous city where people lose their right from fear. The government officials and police top brass are responsible for turning the city into this violent city.

Violation of right to free election Universal suffrage is guaranteed by Article 21(3) of the Universal Declaration of Human Rights, Article 25 of the International Covenant on Civil and Political Rights (ICCPR), which has been incorporated in the Hong Kong Bill of Rights Ordinance as well as Article 45 of the Hong Kong Basic Law.

For the past 23 years since the handover, Hong Kong citizens have not been able to freely elect the Chief Executive or all members of the Legislative Council. Further violation of rights to free election has taken place since the 2016 LegCo election, in which 5 candidates were debarred by the returning officers from running the election. The debarment had happened

18 Epoch Times, [Precious Dialogue] Exclusive Interview with Simon Cheng Pt. 1 (English Subtitles), 5 January 2020, https://www.youtube.com/watch?v=w5Sc6AVq9k4&feature=youtu.be 19 Concluding observations on the third periodic report of Hong Kong, China, adopted by the Committee at its 107th session (11 – 28 March 2013), 29 April 2013, https://undocs.org/en/CCPR/C/CHN-HKG/CO/3 again in the 2018 LegCo by-election. The debarred candidates include , a member of Demosistō. Joshua Wong, Secretary General of Demosistō, was the only disqualified candidate of District Council Election in 2019.

Press Freedom Journalists have been targeted by the police since 12 June 2019. Police shoot projectiles, rubber bullets, beanbag rounds at the journalists. One Indonesian journalist lost her right eye after being shot by the police with a rubber bullet. The police also fire water cannons at journalists that caused skull fracture20 and rip off their masks in areas with intense content of tear gas21 or use pepper spray on their faces22 . Anyone who made the command and executed these orders should be held accountable.

Conclusion The violation of human rights by the Hong Kong government has become a norm in the city. There are too many cases that this mini-submission cannot include all. However, the above mentioned cases should be sufficient to demonstrate the severe violation of human rights by the Hong Kong Government. As a signatory state of the Universal Declaration of Human Rights and an important trade partner with Hong Kong, we urge Australia to take the situation seriously and implement the Magnitsky Act that will include Hong Kong individuals in order to help Hong Kong resume freedom and peace.

20 HK01,【11.17】《癲狗日報》攝記遭水炮車射中 後腦骨折須手術抽瘀血, 17.11.2019, https://www.hk01.com/社會新聞/399317/11-17-癲狗日報-攝記遭水炮車射中-後腦骨折須手術抽瘀血 21 , 暴警「釋法」扯口罩：記者冇豁免, 28 October 2019 https://hk.appledaily.com/local/20191027/63BJJGKROM5C4QDFL3AU74Q3VM/ 22 Epoch Times, [11.10]晚上旺角防暴警發狂，推記者上行人路，扯開記者口罩噴椒，還向在旁的記者 瘋狂噴椒，再阻止, 10 November, 2019, https://www.facebook.com/watch/?v=551397972289021