ISSUE 4 | MAY. 2021 FREE 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. warns by . in response. about higher risks for businesses in Hong Kong. p.3 p.8 p.5

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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.

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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 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 , 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 '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 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, ]​

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]

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#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 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, ] 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

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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. five money laundering charges. attack that it "strongly [HKFP; Inmediahk (Chinese); The latter were connected to condemns violence against HK gov news; Stand News his advocacy for a media" and that press freedom (Chinese)] crowdfunding campaign for is the "core value of Hong demonstrators, including those Kong’s success." [HKFP (1), (2)]

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A survey conducted in May shows that over 40% of the American ECONOMY Chamber of Commerce in Hong Kong’s members were planning to move out of the city, with 62% citing the national security law as a key Over 40% of top US reason. Over 25% of those who are planning to leave intend to leave by businesses plan to the end of the year, whereas 48% will leave within 3-5 years. [HKFP] leave Hong Kong A 2018 American Chamber of Commerce survey found that US business leaders favoured Hong Kong because of government transparency, rule of law, free flow of information, business friendly policies, availability of talent, and integrity of the 'one-country, two systems' framework. [Hong Kong Watch]

Matthew J. Cronin, the National Security & Cybercrime Coordinator at the US Department of Justice, wrote in an opinion piece: "a binding treaty and hundreds of billions of dollars in yearly profits did not protect Hong Kong. What hope then does any company — no matter how large — have against the CCP’s predations?" [The Hill]

political commentator Bruce Ho and Lam suggested their EDUCATION Lam, editorial board of the books, being commentaries on Hong Kong University Students’ societal issues, are unlikely to ▶ Public libraries pull Union "Undergrad", and endanger national security, and books authored by Chinese activists Yu Jie and Liao interpret their removal as a fear activists due to national Yiwu. of violating the ambiguously- security law worded national security law This is not the first time that the among government officials. Yu The Leisure and Cultural government removed books Jie, author of one of the pulled Services Department (LCSD) from public libraries over books Nazi China (translated ordered public libraries to national security concerns. In title), said the government's remove and suspend services for July 2020, shortly after the move confirms his observation nine pro-democracy titles, national security law came into that Hong Kong, just like China, stating that the books must be force, the LCSD pulled nine has fallen under a regime that reviewed in light of national other pro-democracy titles by bans books from its people. security policies. The books' six three authors (namely Joshua [Apple Daily (Chinese), HKFP] authors are former lawmakers Wong, Tanya Chan, and scholar and Tanya Chan, Chin Wan) from its libraries.

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▶ New textbook claiming which were topics discussed in out of five teachers are British rule as illegal Liberal Studies - the Education contemplating leaving the occupation not subject to Bureau said it was "deeply education sector, with most of review regrettable" that the book has them having between 20 and 30 not been sent for review. years of experience. A new textbook, claiming that Regarding the book published China has always had by Ling Kee, the Bureau said Of those considering sovereignty over Hong Kong and that the material is "not a resignation, 71 percent cited that the colonial period under textbook" and that publishers increasing political pressure as British rule was "an act of are not subject to their review the major reason. The Union's occupation violating when compiling non-textbooks. chairman said that political international law", has been sent A Liberal Studies teacher pressure on teachers increased by publisher Ling Kee to described Ling Kee’s book as a after the national security law secondary schools as material transcript of official lines that came into force, and called on for the Citizenship and Social did not allow for discussion, and authorities to refrain from Development subject, which is expressed that teachers means such as de-registering set to be the replacement for nowadays often do not know teachers, which would Liberal Studies starting next how to teach in the current era effectively bar them from the academic year, after the latter of "either right or wrong". profession. [RTHK] had been criticised by the [Mingpao (Chinese)] authorities multiple times for Since the national security law "radicalizing" the youth. Earlier, ▶ 40% of teachers was enacted, two teachers have when another publisher considering to quit due to been disqualified for "spreading provided material to schools political pressure ideas of independence". Another that included topics such as civil is facing possible disobedience and the rule of law A survey conducted by the disqualification pending an as illustrated by professor and Professional Teachers' Union on ongoing investigation of "biased activist Yiu-ting - 1,178 teachers found that two materials". [HKFP]

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LOYALTY OATH

The “patriotic oath law”, which requires, not only civil servants, but also politicians to make an oath to pledge loyalty to the government and the Party, has been passed by the Legislative Council.

New “patriotic oath law” sparks mass As a result of this and due to disqualifications resignation among district councillors from protest charges, the pro-democracy camp could expect to lose 36 out of their current 389 Forced and Vague Patriotism seats in the district councils, and potentially two districts out of the 17 in which it currently holds District councillors who do not take the oath will a majority. 110 pro-democracy councillors have lose their positions. As for those who do decide decided to take the oath, in the hopes that they to pledge their loyalty, the Commissioner of could remain in the district councils and use Oaths can still decide on the spot that the subject what opportunities still exist to make their failed to make the oath by not being "sincere". voices heard. [Reuters, Stand News (Chinese), The new law also allows the Secretary of Justice HKFP] to launch actions against any politician or official who is judged to have violated the oath by Civil servant resignation hits 14-year conducting a broad range of listed unpatriotic high behaviours, from insulting official flags to "endangering national security". Those accused More than 1,800 civil servants have resigned in would be promptly suspended without pay until the last fiscal year-- the highest figure since the conviction is made, and barred from 2006. They accounted for one per cent of the elections for five years. government's 178,000-strong workforce. According to the government, the majority of the Mass Resignation resignees were probationers. The law also applies to community-level district councils, which are currently dominated by the The government previously ordered all civil pro-democracy camp thanks to a landslide servants to pledge loyalty in order to avoid victory in November 2019. Over 10 district getting fired. 130 of them refused to sign the councilors, some of whom having already declaration, saying that it undermines their decided to resign, announced that they will not freedom of speech or that it conflicts with their take the oath. Overall, 27 district councilors have foreign nationalities. Civil Service Chief Patrick opted for resignation, of which 12 are still in Nip stressed that none of those reasons were custody due to involvement in the 2020 primary accepted and that those workers' contracts will elections. be terminated. [RTHK]

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INTERNATIONAL REACTIONS_ HK government: not all Canadians On 20 May, the EU Parliament voted are entitled to consular protection overwhelmingly to urge the Council to “adopt conclusions on Hong Kong irrespective of a lack After Hong Kong’s government announced it no of unanimous support,” and to freeze ratification longer recognises dual nationalities, the of CAI until China lifts its sanctions. [SCMP (1), Canadian Consul General to Hong Kong and (2), Politico, EUObserver, European Parliament] Macau, Jeff Nankivell, confirmed earlier reports that as long as persons in prison or on remand Sweden ends legal aid with HK had entered Hong Kong with a Canadian travel Swedish legislature passed a motion on 6 May to document, they would have the right to receive end legal aid agreements with Hong Kong, consular protection. However, Hong Kong ensuring no democractic activists like authorities cited consular agreements between could be prosecuted in Sweden. Other countries Canada and China to point out that the above that ended extradition or legal assistance treaties situation is only applicable within the validity with Hong Kong include Ireland, Netherlands, period of the visa or visa-free entry, meaning UK, US, Canada, Australia, New Zealand, that if Canadians nationals entered Hong Kong Germany and Finland. [Riksdag] without a visa, then they may no longer receive protection after the usual visa-free period of 90 Denmark attends democracy days. [Stand News (Chinese)] summit with and Tsai Ing-wen EU response to Hong Kong blocked by China-Hungary-Germany nexus Danish Foreign Minister Jeppe Kofod attended the opening of the Copenhagen Democracy In May, the EU Council once again dropped Summit, in which Hong Kong activist Nathan plans to counter Beijing’s tightening of control in Law and Taiwan's president Tsai Ing-wen were Hong Kong, as the conclusions were again participants. While Denmark has long blocked by Hungary, even after having been recognised China, but not Taiwan revised to be milder. "Some member states were diplomatically, the Chinese embassy still argued against conclusions without Hungary, as this that the summit violated the one-China principle would undermine EU unity," said a diplomat. by inviting Tsai. [Reuters, Politiken, TV2] This showed Beijing they need not worry about the EU as long as they have one ally in the bloc. G7 shows united stance on China In terms of economic leverage, Germany carries Foreign ministers of the G7 met on 5 May to more heft than China. In March, Hungary did deliver a stern message on China. Concerns over not veto the EU sanctions on China, despite Xinjiang, Hong Kong, Tibet, and the South calling them “pointless" within hours. "Germany China Sea were raised. They called on China to has all the tools it needs if it wants to force act in accordance with its international and legal Hungary to change positions," said Janka Oertel, obligations, and urged Hong Kong authorities to director of the Asia programme at the European stop targeting activists and to uphold judicial Council on Foreign Relations. "But it’s obviously independence. They also supported Taiwan’s more difficult to do if you have a special participation in the WHO. The G7 Summit will relationship with China of your own." take place in June. [Politico, GOV.UK]

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CHINA IN THE WEST_ Energy their Danish employers about of violating Hong Kong's the affiliation. The wind national security law. In the UK solar farms linked turbine company Vestas urged university's internal guidance, to Uyghur forced the government to take the SOAS warned that lecturers threat seriously, in order to and students could face arrest labour maintain Denmark's leading if they carried copies of lecture A​ detailed report by the US position in the green industry. notes when visiting Hong Kong consultancy Horizon Advisory [Politiken (1) (2)] or mainland China. It also revealed that f​actories or major warned about the risk of suppliers in Xinjiang produce Education collaboration with academics roughly a third of the in the region as they may be polysilicon material used to Aarhus University top forced to help with any make the world’s solar panels,​ researcher found to investigation against their and these companies have ties work with Chinese foreign partners. [HKFP] to Uyghur forced labour. They Military have manufactured up to 40 Confucius Institutes in percent of the UK’s solar A nanoscientist from Aarhus Australia face closure farms. Earlier this year, it was University was found to be the under veto laws reported that those panels co-inventor of 27 patents in were also among Swedish China and to have written 10 Confucius Institutes hosted by Vattenfall's bestsellers. research articles with two 13 Australian universities have [Guardian; Expressen] military institutions under the been criticized by the federal People's Liberation Army, government amid propaganda Wind energy which his Danish employer was concerns. Foreign Minister researchers in never made aware of. An Marise Payne will decide whether to cancel the institute Denmark hired by investigation is ongoing at AU contracts on a case-by-case China suspected of as of the time of writing. [Politiken] basis, but all the involved industrial espionage universities are expected to UK university advises register the contracts for At least 30 researchers have review by June 10. Under the been found to be recruited in against recording lectures on Hong Kong newly passed foreign veto laws, Denmark under China's "1,000 Payne has the power to cancel Talents" program, where 8 of due to national agreements between foreign them have held leading security risks governments and Australia research positions in the wind that are found to contradict its The SOAS University of energy sector. According to US foreign policy. [Brisbane London, renowned for its Asian authorities, China uses the Times] “1,000 Talents” programme to Studies programmes, has steal research from western urged its academics to stop countries. Some of the recording classes about Hong researchers never informed Kong and China over the risks

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Politics Oxford researchers Chinese boycott of find fake accounts and western brands less Denmark waits for coordinated networks impactful than China's approval on that promote Chinese believed controversial work diplomats' messages programme In a new briefing for World Two reports from Ox​ ford Politics Review, Senior W​ hil​e Danish Foreign Minister Internet Institute stated that Researcher for the Danish Jeppe Kofod said that he would China has significantly Institute for International like to pursue a "value-based" expanded its online public Studies Luke Patey argues that foreign policy with a focus on diplomacy efforts by making the recent Chinese boycott human rights​ , the draft of a use of both state-controlled against Western businesses has new work programme for media outlets and over 270 its limits as a weapon against Denmark's strategic diplomatic accounts on social what China views as unwanted partnership with China has media platforms such as criticism over human rights remained undisclosed for more Twitter and Facebook to abuses in the country. With than a year, making it amplify the PRC’s perspective foreign investment crucial to impossible to have a on global affairs and current its economy, there is a price for democratic debate on the events. The social media wielding its market as a tool of increasingly controversial accounts are often not labelled economic coercion. [World issue. Kofod stated that the as owned by PRC's diplomats. Politics Review] programme would only be [University of Oxford] published when a text has been approved by both the Danish and Chinese sides. [Berlingske; Folketinget]

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Table 1: Hong Kong 2019 Protest Movement Database Item Number of people Last update Sources

Total arrested 10 294 31 Jan 2021 1 Total charged > 2300 31 Jan 2021 1 Total charges over 720 (13-61 years old) 13 Apr 2021 2 rioting (up to 10 years Found not Pleaded Found guilty imprisonment) guilty guilty 24 12 5

No. of trials scheduled Scheduled until

317 Dec 2023

Longest jail charges 12 years (Possession of explosives) 23 Apr 2021 2, 3 5 years and 6 months (Rioting) [Sources: (1) Hong Kong Watch, HKFP (2) Stand News (3) HKFP]

Table 2: Hong Kong National Security Law Database Item Number of people Last update Sources

Total arrested 105 7 May 2021 1, 2, 4 Secession & subversion 87

Terrorist Activities 1

Collusion with a foreign country 7 or with external elements to endanger national security * Some arrestees have unknown charges. Total charged 56 7 Jan 2021 2 Overseas on Around 30 according to state media 7 Jan 2021 1, 3 wanted list [Sources: (1) Stand News (2) Bloomberg (3) SCMP (4) The Standard]

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IMPORTANT DATES

May - July 2021

● 28 May: Sentencing for ten pro-democratic figures who pleaded guilty for organising and participating in unauthorised assembly on 1 Oct 2019. ● 31 May: Hearing of NSL case for 47 opposition politicians and activists. ● 4 June: 32nd Anniversary of Tiananmen Massacre - annual vigil rejected twice in 2020 and 2021 citing coronavirus measures. #6432 ● 12 June: Overseas HKer groups to mark 2nd anniversary of Hong Kong Anti-extradition Movement at different cities ● 15 June: Court mentions Jimmy Lai and Chan Tsz-Wah for their NSL charges. ● 18 June: Court case for nine individuals among #SAVE12 for a new charge of perverting justice ● 23 June: 1st NSL case: Trial of Tong Ying-Kit, expected a 15-day trial. ● 1 July: 24 years since handover of Hong Kong ● 5 July: Trials of Radio Host ‘Giggs’, 5 sedition and 5 money laundering charges ● 21 July: 2 years since Yuen Long mob attack

End of News Digest

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