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ISSUE 4 | MAY. 2021 FREE HONG KONG NEWS DIGEST By WONG Yik-Mo, Befria Hong Kong (Sweden), Netherlands for Hong Kong, Hong Kong Committee in Norway and Støt Hong Kong (Denmark) Banned June New “patriotic oath Jimmy Lai’s asset fourth vigils for law” sparks mass freeze worries Tiananmen resignation among investors massacre district councillors Authorities used National Four activists were A new law demanding Security Law to freeze €53 sentenced to months in politicians pledge their million of the convicted jail for participating in loyalty has been passed. media tycoon’s assets. last year's vigil, which was Those who refuse will be Security Chief said it had banned by the police. This disqualified. Over 27 nothing to do with press year’s vigil will be banned district councillors resigned freedom. Taiwan warns by Beijing. in response. about higher risks for businesses in Hong Kong. p.3 p.8 p.5 1 FREE HONG KONG NEWS DIGEST ISSUE 4 | MAY. 2021 CONTENT June fourth Tiananmen vigil ……...…… 3 Education ……………………………………….. 6 Prominent activists jailed over banned 2020 Public libraries pull books due to national Tiananmen vigil. Beijing will also ban the security law; New textbook claiming British vigil this year. rule as illegal occupation; 40% of teachers considering to quit due to political pressure. National security …………………………… 3 Loyalty oath ……………………………..…….. 8 NSL prosecutor claimed trial by jury is not a constitutional right; Five students New “patriotic oath law” sparks mass arrested under NSL over social media resignation among district councillors; Civil comments; #Save12 lawyer barred from servant resignation hits 14-year high. leaving China on national security grounds; Tech giants supplied user data to HK International reactions …………………….. 9 government before NSL. HK authorities said not all Candians are Media figures ...……………………………… 5 entitled to consular protection; EU’s measures on HK blocked by Hungary; Radio show host facing sedition charges Sweden ends legal aid with HK; Solidarity denied bail due to links with Taiwan; from Denmark. Newspaper critical of Beijing attacked for the second time in a month; Jimmy Lai’s China in the west …………………………….. 10 asset freeze worries investors. Chinese influence in the West’s energy sector, Economy …………………………..………….. 6 education, and foreign politics. Over 40% of top US businesses plan to leave Arrests and charges database ……………. 12 Hong Kong. Important dates ……………………………….. 13 Trials, anniversaries, meetings, etc. 2 FREE HONG KONG NEWS DIGEST ISSUE 4 | MAY. 2021 JUNE FOURTH Citing nine cases of peaceful, unauthorised Prominent activists jailed over assemblies over the past 20 years in Hong Kong, banned 2020 Tiananmen vigil an Apple Daily report concluded a significant increase in the level of sentences since 2019. Four Hong Kong activists, including Joshua Before 2019, only fines and/or binding were Wong, district councillors Lester Shum, Tiffany handed by the court; whereas from 2019, Yuen and Jannelle Leung pled guilty and were defendants have been sentenced to sentenced to four- to ten-month jail terms for imprisonment. [Apple Daily (Chinese)] taking part in an unauthorised assembly on 4 June 2020 to commemorate the Tiananmen #6432 Tiananmen commemoration Massacre, which was banned by the police citing this year to be prohibited by Beijing coronavirus fears. This means the three district councillors would be disqualified from their This year's 4 June vigil (32nd anniversary) has posts. also been banned on health grounds. HK01 Joshua Wong's jail term will be served reported that Beijing would punish any consecutively to his other jail terms. Lester individuals who participate in the banned Shum and Tiffany Yuen have been remanded vigil. Any legislative councillors who are found since the end of February due to subversion participating in unauthorised assemblies can charges under the National Security Law for also be disqualified without any court participating in the democratic primary elections procedures. [HKFP; HK01 (Chinese)] last year. [HKFP, Stand News] NATIONAL SECURITY Prosecutors of NSL case: trial by jury constitutional or fundamental right to trial by not a constitutional right jury. However, article 86 of the Basic Law states, "The principle of trial by jury previously Prosecutors defended the Department of practised in Hong Kong shall be maintained". Justice's decision for jury exclusion for Hong Kong's first national security suspect Tong Prosecutors are also planning to add another Ying-kit, stating that the Secretary of Justice has charge against Tong – dangerous driving causing no duty to provide reasons for the decisions, and grievous bodily harm – pending the court's that defendants in Hong Kong have no approval. [RTHK] 3 FREE HONG KONG NEWS DIGEST ISSUE 4 | MAY. 2021 #SAVE12 lawyer barred from leaving department. Three others were soon arrested in China on national security grounds a series of raids against the student group. The mother of one of the arrested stated around 10 China has barred human rights lawyer Lu Siwei, national security officers arrived at their home who helped one of the 12 Hongkongers that were and arrested her son for allegedly posting detained in Shenzhen (#SAVE12), from leaving information online that breaches the security the country, claiming that his leaving "may law. The suspects, aged 15 to 24, may face life endanger national security or interests". Lu was imprisonment under their subversion charges. stopped by immigration officers as he was trying [SCMP, The Standard] to board a flight to Seattle, where he was invited as a visiting scholar for a US government- Tech giants supplied user data to HK sponsored fellowship program, in which other government before NSL Chinese lawyers and even government officials have been able to participate. According to transparency reports from Apple, Google, Facebook, and Twitter, the Hong Kong Together with Ren Quanniu, another human government made more than 1,400 requests for rights lawyer who represented one of the 12 user data between July 2019 and June 2020. The Hongkongers, Lu's legal license was revoked in requests involved at least 973 accounts and 765 January over “inappropriate speech made financial identifiers. Only Twitter rejected all 13 online”. The two were appointed by families of of the requests made to the company, and 624 the 12, and insisted on representing their clients out of the remaining 1,388 requests were even though authorities had requested them to granted by the rest. The time period lies between drop the cases. [Apple Daily, SCMP] the start of the pro-democracy protests and the introduction of the national security law, after New national security arrests: which all these companies announced that they students charged over social media would halt data requests made by the Hong comments Kong government. Five student members of a localist group Social media and messaging apps are used "Returning Valiant" have been arrested by Hong extensively in the protest movement, but some Kong national security police for alleged of the requests may also have been made due to subversion through social media comments. crimes unrelated to the protests. The anonymous messaging app Telegram, used by many The arrests were triggered by a burglary report protesters to coordinate actions, has not at a local secondary school. During home published transparency reports for any country, searches of two of the burglary suspects, who however a spokesperson told press that they were members of the group, the police found "have not shared any data with the Hong Kong material advocating Hong Kong independence government." [HKFP] and passed the case to the national security 4 FREE HONG KONG NEWS DIGEST ISSUE 4 | MAY. 2021 who had fled to Taiwan. MEDIA [HKFP, Twitter, HK judiciary] FIGURES Jimmy Lai's asset freeze Newspaper critical of worries investors Radio show host with Beijing attacked for the sedition charges denied second time in a month Hong Kong authorities used article 43 of the National bail due to links with A reporter for a newspaper Security Law for the first time Taiwan critical of Beijing was attacked to freeze one's assets. HK$500 million (about €53 million) of A professional online radio in broad daylight on the street media tycoon Jimmy Lai's host, Wan Yiu-sing Edmund right outside her home by an assets have been frozen. (also known as "Giggs"), was unknown assailant on 11 May. Security Chief Lee Ka-chiu said arrested in November 2020 The newspaper, Epoch Times, in a press conference that the under the national security law is a media outlet associated freezing of Lai's assets has for money laundering and with Falun Gong, a spiritual nothing to do with press funding acts of secession, and movement banned and freedom nor private property, was arrested again in February persecuted in mainland China. in response to a question 2021 under a colonial sedition The reporter, Leung Zhen, who regarding conflicts with article law in connection with his is also head of the Hong Kong 6 of the Basic Law, which radio shows during Association of Falun Dafa, states that the HKSAR shall August-October 2020. Giggs accused the Chinese protect private property rights. has been denied bail since his Communist Party of February arrest. The reasons orchestrating the "triad-style Following that, Taiwan's for his bail denial was recently scare tactic" attack. Mainland Affairs Council published, showing that the The attack comes a month warned the international judge considered his after a sledgehammer raid on community about higher risks temptation to abscond is the newspaper's printing for businesses in Hong Kong. A extremely high because of his presses, which took place on 12 local scholar has also pointed connections with organisations April as terrified staff members out that the asset freezing in Taiwan. looked on. The Hong Kong would further erode Hong Kong's reputation and business Giggs has so far been charged Journalists Association said in environment in the eyes of with a total of five sedition and a statement after Leung's both locals and foreigners.
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  • Suspension of Extradition and Mutual Legal Assistance Agreements with Hong Kong – Supplementary Materials

    Suspension of Extradition and Mutual Legal Assistance Agreements with Hong Kong – Supplementary Materials

    Supplementary Submission to the Joint Committee on Treaties Suspension of Extradition and Mutual Legal Assistance Agreements with Hong Kong – Supplementary Materials About us Australia-Hong Kong Link is a network of Australia-based volunteers across different states in Australia with strong ties to Hong Kong. Our organisation upholds the Australian core values and supports Hong Kong’s democracy, freedom, rule of law and human rights. Our main purpose is to connect Hong Kong and Australia through the provision of support services to Hongkongers residing in Australia and acting as a bridge of communication between members of our communities. Introduction We make this submission to provide further evidence in support of the formal suspension of the Agreement for the Surrender of Accused and Convicted Persons between the Government of Australia and the Government of Hong Kong (the Extradition Agreement), and the Agreement between the Government of Hong Kong and the Government of Australia concerning Mutual Legal Assistance in Criminal Matters (the MLA Agreement) (together, referred to as “the Treaties”), following the roundtable public hearing session on 24 September 2020. Further evidence Views from the international community On 2nd June 2020, Senator the Hon David Fawcett, chair of the Joint Standing Committee on Foreign Affairs Defence and Trade, jointed with fellow chairs of Foreign Affairs Committees of New Zealand, the United Kingdom and Canada, wrote a letter to the United Nations Secretary General, clearly stating there is “erosion of the rule of law and the increasingly serious and urgent human rights situation in Hong Kong”. Mentioned in the letter was that “Beijing imposed the Security Law on Hong Kong without direct participation of Hongkongers, legislature or judiciary, which was a breach of the legally binding agreement between the UK and China which provides that rights and freedoms”.