Briefing: Human rights developments in Hong Kong in November 2021
This briefing describes developments in Hong Kong in November 2021 focusing on the rapid deterioration of human rights in the city following the introduction of the National Security Law.
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EXECUTIVE SUMMARY
POLITICAL PRISONERS: ARRESTS, CHARGES, & TRIALS
In November 2021, Beijing continued its crackdown on the pro-democracy movement in Hong Kong, with:
- Tony Chung becoming the youngest person to be jailed under the National Security Law at the age of just twenty years old. Tony Chung received three years and seven months in jail after pleading guilty to charges of “secession” and “money-laundering” under the law.
- The Hong Kong pro-democracy activist and former owner of Apple Daily newspaper, Jimmy Lai, alongside activists Gwyneth Ho and Chow Hang Tung, being convicted for taking part in the annual vigil in 2020 to mark the Tiananmen Square Massacre.
- The Hong Kong Police issued arrest warrants for two exiled pro-democracy politicians for allegedly advocating for Hong Kongers to boycott or cast blank votes in the upcoming Legislative Council elections.
- The Hong Kong Police arrested three more individuals on suspicion of encouraging Hong Kongers to boycott or cast blank ballots in the upcoming Legislative Council elections.
A SLEDGE HAMMER TO CIVIL SOCIETY & EDUCATION
• According to research published by the Hong Kong Free Press, over 50 civil society groups have been forced to disband in Hong Kong since the National Security Law was introduced in July 2020.
• Mr Thomas Gnocchi, who leads the European Union Office to Hong Kong and Macau, has warned that the National Security Law is having a chilling effect on the ability of the consulate to engage with civil society groups, with academics and civil society activists unwilling to meet with EU officials.
• Hong Kong secondary schools are facing a brain drain as a result of Hong Kongers moving abroad in response to the National Security Law. According to a survey by headteachers, secondary schools in Hong Kong have lost over 4,500 pupils and 1,000 teachers in the last academic year.
THE STATE OF THE RULE OF LAW
• On 30 November 2021, it was reported that Paul Harris, the Chairman of the Hong Kong Bar Association, had been removed from the activist Adam Ma’s legal team weeks before he faced trial at the Hong Kong District Court on charges of inciting secession.
• The removal of the Chairman of the Hong Kong Bar Association comes at a time when the Hong Kong Government has committed to reviewing Hong Kong’s legal aid system, in an attempt to stop pro-democracy activists being able to select their own lawyers.
The Hong Kong Bar Association has warned that these reforms could breach the Basic Law.
A FREE PRESS & FREE INTERNET IN THE CROSSHAIRS
• Hong Kong’s Chief Secretary, John Lee, has announced that the Hong Kong Government is undertaking a study of so called “fake news”, which includes looking at the possibility of legislation and management aimed at targeting the press.
• Hong Kong’s Chief Executive, Carrie Lam, has promised to “proactively plug loopholes” in the city’s internet regulation to target so called “fake news” and disinformation.
• Hong Kong’s Constitutional Minister, Erick Tsang, has warned the Wall Street Journal that it may have committed a criminal offence by publishing an opinion article, which included references encouraging Hong Kongers to boycott or cast ballots in the upcoming Legislative Council elections.
• Following a report by StandNews regarding Castle Peak Bay Immigration Centre and the conduct of the Hong Kong Police, Hong Kong’s Security Minister, Chris Tang, has criticised the news publication and warned authorities will relentlessly search for evidence and go after anyone who threatens national security "in disguise of the media”.
LEGISLATIVE COUNCIL ELECTIONS
• Simon Peh, Commissioner of the Independent Commission Against Corruption, has warned that public opinion polls that ask Hong Kongers about their intention to vote in the upcoming Legislative Council elections could be illegal. This warning comes as a recent opinion poll found that just under half of Hong Kongers expressed an interest in voting in the Legislative Council elections, which will take place under new rules written by Beijing.
• According to the news publication Ming Pao, one third of the 153 candidates in the upcoming Legislative Council elections have left no contact details on their nomination forms, making it difficult for the public or press to contact them.
• Hong Kong’s Chief Executive, Carrie Lam, has told the media that the expected low turnout in the upcoming Legislative Council elections could prove the credibility of the Government and reflect strong public satisfaction with its performance.
STATE SECURITY & THE ECONOMY
• The Chinese Government has announced that companies currently listed in the USA using variable interest entities will be forced to delist and relist in Hong Kong as part of its ongoing crackdown on technology companies. The ban on allowing Chinese companies going public on foreign stock markets through variable interest entities is designed to address growing concerns over data security.
• Following the announcement, Didi Chuxing, China’s leading ride-hailing company, announced that it intends to delist its shares from the New York Stock Exchange and plans to relist on the Hong Kong Stock Exchange, allowing investors who bought shares on the NYSE to swap them for shares if and when there is a Hong Kong listing.
• On 9 December 2021, the USA Government announced it would be placing the Chinese facial recognition software company SenseTime on its blacklist, following reports of the company’s involvement in the construction of camps in Xinjiang. The announced ban came on the same day that SenseTime announced its intention to price its initial public offering on the Hong Kong stock exchange.
OTHER DEVELOPMENTS
• The UK Government briefed the Times newspaper on 6 December 2021 that it was considering expanding the UK BNO Visa scheme to help Hong Kongers under twentyfive who cannot currently access the scheme. This follows the introduction of a crossparty amendment led by Damian Green MP to the Nationality and Borders Bill, which would expand the BNO Visa Scheme for Hong Kongers who have one BNO parent.
• According to UK Government statistics, since January 2021 nearly 90,000 Hong Kongers have applied for the UK BNO Visa Scheme to work and settle in the UK.
• The UK Government has confirmed that it has raised its concerns with the Hong Kong Government regarding its decision to restrict BNOs from withdrawing their MPF pensions early.
• The Australian Parliament has passed legislation creating its own Magnitsky sanctions regime, which will allow Australia to join the UK, USA, Canada, and EU, in introducing targeted sanctions against officials guilty of gross human rights violations.
• The US advisory group, Consumers’ Research, has warned about the growing ties between BlackRock and China, and called on states invested in BlackRock to examine risks associated with investing in China.