Briefing: Human rights developments in Hong Kong in October 2021
This briefing describes developments in Hong Kong in October 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
Throughout October 2021, Beijing has continued its crackdown on the pro-democracy movement in Hong Kong, with:
- Ma Chun-man, a 31-year-old former food delivery worker, being convicted of “inciting succession” under the National Security Law and sentenced to five years and nine months in prison for making chants at protests that were deemed to be “pro-independence”.
- The student activist, Tony Chung, pleading guilty to secession and money-laundering charges.
- The pro-democracy activist and former convenor of the Civil Human Rights Front, Figo Chan Ho-wun, being charged with failing to provide the Hong Kong Police with information under Article 16 of the Societies Ordinance.
- The Hong Kong Police introducing further charges against the exiled pro-democracy activist Ted Hui and asking the Danish authorities to investigate Danish members of parliament who helped him escape.
- Five people pleading guilty for organising and encouraging others to join the annual 4 June vigil marking the Tiananmen Square Massacre in 2020.
- Four senior citizens arrested for “seditious intent” after they displayed a banner calling for universal suffrage.
- Three individuals arrested for urging voters to cast blank ballots in the upcoming Legislative Council elections.
A SLEDGE HAMMER TO CIVIL SOCIETY
On October 25, the UK-headquartered Amnesty International announced the closure of its Hong Kong offices. The decision was driven by Hong Kong’s National Security Law, which Anjhula Mya Singh Bais, chair of Amnesty’s International Board, said: “has made it effectively impossible for human rights organizations in Hong Kong to work freely and without fear of serious reprisals from the government.”
The Hong Kong Chief Executive, Carrie Lam, took the decision to strike off the Hong Kong Alliance, the organiser of the annual 4 June Tiananmen Square Massacre vigil, from the companies register, citing national security concerns.
On 28 October 2021, the Hong Kong Police raided the offices of the now dissolved Civil Human Rights Front.
Hong Kong’s Legislative Council has adopted a new film censorship law, which will ban films that violate China’s national security interests from being shown. Individuals which violate the law face up to three years in prison or a fine of $130,000 (£95,000).
The Hong Kong Police stopped individuals who had the protest phrase “add oil” on their clothing from taking part in the Hong Kong marathon which took place in October. The police described it as a “political phrase” and a threat to national security.
THE STATE OF THE RULE OF LAW
Three UN Special Rapporteurs for human rights have raised concern about arrests under the National Security Law in Hong Kong, in particular the arrest of the 4 June Vigil organiser, Chow Hang-Tung, on charges of "incitement to subversion". They called on the Hong Kong Government to review the National Security Law to ensure it is compliant with international law and human rights.
On 4 November 2021, the Hong Kong Court of Final Appeal ruled that the principle of joint-enterprise should not apply to protest related convictions, including cases relating to “unlawful assembly” or “rioting”. Hong Kong’s Justice Secretary, Theresa Cheng, has warned that despite the court ruling, words, gestures, or signs encouraging protests could lead to convictions.
The Hong Kong Government has announced a planned overhaul of the city’s legal aid system, which would cut the number of judicial review attorneys and prevent defendants from being able to select their own lawyers.
A survey by an influential youth group has found that seven in ten young Hong Kongers have less confidence in the rule of law since the 2019 anti-Extradition protest movement began. The study, conducted by Youth IDEAS, also found that forty-five percent of young people in Hong Kong felt that the Government could exert influence over the courts.
A FREE PRESS IN THE CROSSHAIRS
A journalist at the Economist magazine had their visa renewal denied by the Hong Kong Government.
The Commissioner’s Office of China’s Ministry of Foreign Affairs has warned the Hong Kong Foreign Correspondents Club that it must stop undermining the rule of law and abide by the National Security Law following the publication of a survey on press freedom.
The survey conducted by the Hong Kong Foreign Correspondents Club, found that eighty-four percent of its members thought the media environment had gotten worse and that forty-eight percent had plans to leave Hong Kong.
Chung Pui-kuen, editor-in-chief of Hong Kong digital news outlet Stand News, announced on 7 November 2021 that he was stepping down for personal reasons.
Bloomberg has reported that the Chinese state-owned media company, Bauhinia Culture (Hong Kong) Holdings Ltd, is interested in buying the South China Morning Post from Alibaba.
STATE SECURITY & THE ECONOMY
The Hong Kong Association of Banks has issued further guidance to banks regarding the National Security Law, which includes directing banks to disclose the property of clients that are accused of violating the National Security Law.
Statistics from the Census and Statistics Department has found that the number of US companies using Hong Kong as their regional base has fallen from 23.4% in 2011 to 17.4% percent in 2021.
The Financial Times has reported that Hong Kong’s fiscal reserves are under-threat as the pro-Beijing dominated Legislative Council has rubberstamped more than HK$305bn (US$39bn) in spending in the 2020-21 legislative session on white elephant projects.
In an annual report submitted to Hong Kong’s Legislative Council, the Hong Kong Government has refused to release details of its HK$8 billion national security special fund earmarked in December 2020.
OTHER DEVELOPMENTS
On 31 October 2021, the Australian Immigration Minister Alex Hawke MP announced the opening of Australia’s lifeboat scheme for Hong Kongers. It is expected that just under 9,000 Hong Kongers and their dependents will benefit from the new visa routes.
On 20 October 2021, the USA Government outlined the details of its plan to exempt Hong Kongers currently in the country from deportation.
Statistics released by the Government of Canada show that 3,481 Hong Kongers have applied for Canada’s “Young Talents” program in the first four months since it opened (February-June 2021).
The UK Foreign Secretary, Liz Truss MP, released a statement on 21 October 2021 condemning the disqualification of 55 district councillors and the forced resignation of over 250 district councillors.
Over 135 UK parliamentarians wrote to the Parliament Contribution Fund to call on it to divest from Chinese companies accused of complicity in gross human rights violations, following the release of research by Hong Kong Watch highlighting a number of problematic investments.
Following the publication of research by Hong Kong Watch, the Foreign Affairs Committee in the New Zealand Parliament have questioned the New Zealand Super Fund on its investments in Chinese companies accused of complicity in gross human rights violations.