Hong Kong exiles say EU must not ratify CAI without repeal of the National Security Law

Following the passage of Hong Kong electoral reform changes by China’s National People’s Congress, 24 Hong Kong activists, including 13 Hong Kong pro-democracy activists in exile, co-signed a letter to Ursula Von Der Leyden, the leaders of the European institutions, and members of the European Parliament calling for CAI to be blocked unless the National Security Law is repealed.

The letter, facilitated by Hong Kong Watch, is co-signed by leading activists including Ted Hui, Lam Wing-kee, Brian Leung, Nathan Law, Joe Tay, Ray Wong, Glacier Kwong, Finn Lau, Simon Cheng and Joey Siu. It says:

“Given that Beijing is in the process of rewriting Hong Kong’s electoral system in direct contravention to its international obligations under the Sino-British Joint Declaration, is currently undertaking mass arrests and trials of pro-democracy lawmakers and activists under the draconian National Security Law, and is infringing on basic freedoms guaranteed both under the Basic Law and the International Covenant on Civil and Political Rights, we do not see how the EU can move ahead with ratification of this investment treaty.”

The exiles and activists continue:

“It is simply absurd for the EU to expect China to uphold its obligations under a new bilateral investment treaty, when it is openly floating its current obligations to the international community to guarantee the autonomy and freedoms of the people of Hong Kong.

We therefore urge you to refuse ratification of the EU-China Investment Partnership Agreement until the National Security Law is repealed, all pro-democracy activists are released, and Hong Kong’s electoral system is restored.”

The letter concludes by underlining that pushing ahead with ratification risks encouraging “increased aggression by China towards Taiwan”:

“The EU must set clear red-lines and conditionality when it comes to China’s flagrant violation of international treaties, appalling human rights record, and increased aggression toward its neighbours including Taiwan, otherwise the Chinese Communist Party will know it can continue abusing its power unchecked.”

Ted Hui, a former democratic lawmaker from Hong Kong, now in Australia says:

“Members of the European Parliament, European leaders, and EU commissioners must search their conscience, and ask whether the last few weeks of oppression in Hong Kong will continue if they push ahead with the ratification of the EU-China investment partnership? Rather than encouraging China to make new commitments under an investment treaty that its leaders will never honour, Europe should focus on ensuring that Beijing recommits to upholding its international obligations to Hong Kong, starting with the repeal of the National Security Law, the release of all pro-democracy activists, and the restoration of our electoral system.”

Joey Siu, a Hong Kong activist in exile and Associate of Hong Kong Watch says:

“"The timing of CAI, months after the National Security Law was passed, sent a dreadful diplomatic message. It sent a message to Beijing that the EU would not sacrifice trading interests, no matter how they act, and communicated to Hong Kongers that the EU is indifferent to our struggle to freedom."

Ray Wong, the first refugee from Hong Kong to receive asylum in Germany, says:

"In Hong Kong, we have experienced first-hand that the CCP is not willing to keep its word. While the Australians are being punished with tariffs for taking a stand for democracy, the EU is ploughing ahead with CAI. The deal will weaken the bloc's ability to take a principled stand in solidarity with Hong Kong's people, and Uyghurs facing oppression."

The full letter

President of the European Commission, Ms. Ursula von der Leyen

President of the European Council, Mr. Charles Michel

Members of the European Council

European Commissioner for Trade, Mr. Valdis Dombrovskis 

High Representative of the Union for Foreign Affairs and Security Policy, Mr. Josep Borrell

President of the European Parliament, Mr. David Sassoli

Members of the European Parliament

Subject: No ratification of CAI without the repeal of the National Security Law

Your excellencies,

We the undersigned, comprised of pro-democracy activists and Hong Kongers abroad and in exile, are writing to raise our opposition to the ongoing ratification of the EU-China Comprehensive Agreement on Investment (CAI).

Given that Beijing is in the process of rewriting Hong Kong’s electoral system in direct contravention to its international obligations under the Sino-British Joint Declaration, is currently undertaking mass arrests and trials of pro-democracy lawmakers and activists under the draconian National Security Law, and is infringing on basic freedoms guaranteed both under the Basic Law and the International Covenant on Civil and Political Rights, we do not see how the EU can move ahead with ratification of this investment treaty.

It is simply absurd for the EU to expect China to uphold its obligations under a new bilateral investment treaty, when it is openly floating its current obligations to the international community to guarantee the autonomy and freedoms of the people of Hong Kong.

We therefore urge you to refuse ratification of the EU-China Comprehensive Agreement on Investment (CAI) until the National Security Law is repealed, all pro-democracy activists are released, and Hong Kong’s electoral system is restored.

Pushing ahead with ratification in the face of the growing human rights crackdown in Hong Kong will not only offer encouragement to Beijing, but will also increase the risk of increased aggression by China towards Taiwan and the continued persecution of the Uyghurs and other minorities.

The EU must set clear red-lines and conditionality when it comes to China’s flagrant violation of international treaties, appalling human rights record, and increased aggression toward its neighbours including Taiwan, otherwise the Chinese Communist Party will know it can continue abusing its power unchecked.

Yours sincerely,

Ted Hui

Wing Kee Lam

Joe Tay

Brian Leung

Ray Wong

Nathan Law

Joey Siu

Finn Lau

Alan Li

Wayne Chan

Jeffrey Ngo

Frances Hui

Baggio Leung

Simon Cheng

Sunny Cheung

Jim Wong

Honcques Laus

Davin Wong

Cherie Wong

Jessica Chiu

Glacier Kwong

Max Mok

Chiu Kit Lam

Jane Poon

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