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 South China Morning Post, 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 Free Press, 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.