The campaign to save the 12 Hong Kong youths
Background
On 23rd August the Chinese authorities arrested a group of Hong Kong pro-democracy activists after intercepting their boat heading towards Taiwan. They have been detained in the mainland city of Shenzhen for over 50 days without access to the legal representation organised by their families.
The twelve activists in question were fleeing Hong Kong as a result of the draconian National Security Law, which was enforced by Beijing on the city in July. Those arrested include: Andy Li (M) an activist who was arrested on August 10th under the National Security Law and accused of “colluding with foreign elements”; Quinn Moon (F), Wong Wai Yin (M), Li Tsz Yin (M), and Li Yu Hin who all have British National Overseas (BNO) status; Kok Tsz-Lun (M) who is a dual Portuguese national; and Huang Lam-Phuc who is just 17 years old.[1]
Two of the activists have been denied access to medication for asthma, a skin condition, and depression.
On 12th September, six of the twelve families held a press-conference calling for the Hong Kong Government to intervene in the case and ensure the twelve youths safe return and access to lawyers appointed by the families.
The Hong Kong Chief Executive, Carrie Lam, has subsequently denied any power to intervene in their cases. While Beijing has labelled the activists in question ‘separatists’ and charged them with “unlawfully crossing the border”, which at the very least will see them at a minimum spend a year in jail.[2]
Amnesty International has reported that four family-hired lawyers in mainland China dropped the case of the twelve after being threatened by the Chinese authorities[3]. The lawyers reported being followed, harassed, warned by security officials to drop the case, and told at the Shenzhen detention center that the 12 had separately hired their own lawyers from a government-provided list.[4]
On 10th October, the Hong Kong Police Force arrested nine people who are accused of helping the twelve escape by providing accommodation and giving them transport to the boat which they attempted to escape on 23rd August. All nine face up to ten years in prison if they are found guilty of ‘assisting the fugitives escape’. Those arrested include, Tang Yuen-ching, the ex-assistant of former Hong Kong legislator Leung Kwok-hung.[5]
Whether the twelve activists were intercepted in waters within the city limits or in the South China Sea remains a point of contention, as does the question of whether the interception by the Chinese authorities was planned in advance to trap the activists.
Campaign
The twelve Hong Kong youths detained in Shenzhen is a watershed case for Hong Kong, which will influence whether the extradition of pro-democracy activists to stand trial in the mainland becomes a common occurrence.
If the Chinese authorities are allowed to prosecute and imprison Hong Kong activists in the mainland with little outcry or response from the international community, Beijing will take this as a signal that it can use the National Security Law as a pretext to extradite other Hong Kong activists to stand trial. Once in the mainland, the presumption of guilt and a lengthy prison sentence is all but ensured under China’s criminal justice system which has a 99.9% conviction rate.
In response to the detention of the twelve, Hong Kong Watch is asking parliamentarians to use their voices to call on their respective governments to use their diplomatic leverage to ensure:
1. The return of the twelve activists immediately to Hong Kong, and if they are to stand trial, to be tried in Hong Kong courts.
2. The activists are granted legal representation organised by their families.
3. The activists are allowed contact with their families.
4. The activists are allowed access to prescribed medication and medical treatment.
Reference
[1] https://www.hrw.org/news/2020/09/28/china-12-hong-kong-protesters-held-incommunicado
[2] https://www.aljazeera.com/news/2020/9/15/hong-kongs-lam-says-12-arrested-at-sea-not-democracy-activists
[3] https://www.amnesty.org/en/documents/asa17/3075/2020/en/
[4] https://www.latimes.com/world-nation/story/2020-09-25/hong-kong-china-refugees-taiwan-justice-detention
[5] https://www.theguardian.com/world/2020/oct/10/hong-kong-police-arrest-nine-people-suspected-of-aiding-fleeing-activists