Briefing: Human rights developments in Hong Kong in May 2021

This briefing describes developments in Hong Kong in May 2021 focusing on the rapid deterioration of human rights in the city following the introduction of the National Security Law in July.

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EXECUTIVE SUMMARY

POLITICAL PRISONERS: ARRESTS, CHARGES, & TRIALS

• Throughout May 2021, Beijing has continued its crackdown on the pro-democracy movement in Hong Kong, with:

o the jailing of ten prominent pro-democracy leaders for participating in a peaceful assembly,

o the sentencing of Joshua Wong and three pro-democracy activists for their participation in last year’s June 4 vigil,

o the banning of this year’s annual June 4 vigil,

o the arrest of six protestors for marking the June 4 vigil, the arrest and charging of two pro-democracy activists for ‘sedition’,

o the denial of bail to the former pro-democracy lawmaker Claudia Mo on the grounds of correspondence with foreign journalists,

o and the decision to move the national security trial of the 47 pro-democracy activists to the High Court to allow the prosecutors to pursue the harshest sentence possible- life in prison.

MOVES TO CONTINUE THE CRACKDOWN ON BASIC RIGHTS

• In the last month, the Hong Kong Government and Beijing have moved to continue their crackdown on basic rights, with:

o the Hong Kong Police freezing the assets of Jimmy Lai amounting to HK$500m,

o the Hong Kong’s High Court ruling that rights-based constitutional challenges cannot be applied to the National Security Law,

o the Hong Kong Police Commissioner warning that “publishing fake news” could breach the National Security Law,

o Beijing expanding its presence in Hong Kong with new departments for national security and propaganda,

o and the Hong Kong Government introducing a new regulation forcing Hong Kongers to register their identity when buying pre-paid mobile phone sim cards.

ACADEMIC FREEDOM ON LIFE SUPPORT

• In the last month, Hong Kong’s Chief Executive has warned that Hong Kong universities have been penetrated “by external forces with ulterior motives”, Hong Kong university academics have raised concern about the impact of the National Security Law on academic freedom, and a trade union survey found that two in five teachers were considering quitting the profession as a result of political interference from Beijing.

EU-CHINA COMPREHENSIVE AGREEMENT ON INVESTMENT

• This month, Members of the European Parliament voted overwhelmingly to freeze the ratification of the EU-China Comprehensive Agreement on Investment following the sanctioning of European parliamentarians and officials. However, in the past two weeks the Spanish Prime Minister, the EU President Charles Michel, and the Irish and Hungarian Foreign Ministers have all called for the continuation of EU investment talks with China.

RESPONSES TO THE LATEST DEVELOPMENTS IN HONG KONG

• The UK Home Office has reported that it has received 34,400 applications for its BNO visa for Hong Kongers with British National Overseas status and their dependents.

• The Canadian Government has reported that it has received nearly 6,000 applications for its Young Talents Scheme, which will allow Hong Kong graduates and their dependents to move to Canada.

• Senators Marco Rubio and Bob Menendez proposed the "Safe Harbor" amendment, which would allow provisions of the Hong Kong Safe Harbor Act that grants Hongkongers special priority refugee status to be included into the Innovation and Competition Act of 2021.

• Six former UK foreign secretaries, spanning five governments, have written to the UK Prime Minister to call for the inclusion of the crisis in Hong Kong on the G7 agenda.

• The Biden Administration announced on the 4 June 2021, that it has expanded the number of Chinese companies on its sanctions list.

• Baroness Hale of Richmond, the first female President of the UK Supreme Court, has announced that she will stand down from serving on the Hong Kong Court of Final Appeal.

• A group of 26 European Parliamentarians from 9 Member States led by Engin Eroglu MEP have written to the EU Commission calling for the EU to introduce a lifeboat scheme.

• 55 activists in exile have called for “urgent coordinated action to suspend all Bilateral Extradition Agreements between EU Member States and the People’s Republic of China.”