Briefing: Human rights developments in Hong Kong in September 2022
This briefing describes developments in Hong Kong in September 2022 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
Seven individuals, including minors (even one aged 15 at the time of the alleged offence), have been charged for conspiracy of subversion under the National Security Law.
Sedition charges against Hong Kong combat coaches have been upgraded to subversion charges under the NSL.
After sentencing five speech therapists for publishing ‘seditious’ children’s books, Hong Kong authorities continued to use the ‘overly broad’ interpretation of the colonial-era law to arrest and prosecute dissidents.
The National Security Law case against Tonyee Chow Hang-tung and others ex-leaders of the now disbanded organiser of the Tiananmen Square Massacre vigil continues. The court hears that the group was merely exercising freedom of speech.
More protesters face imprisonment for participating in the 2019 Anti-ELAB movement. Their charges range from rioting, terrorism, to conspiracy of murdering police officers. Some of the defendants have been detained for 2-3 years.
The court cites Counter-Terrorism Ordinance for the first time, to prosecute 10 protestors in the 2019 protests.
The court ordered the approximately 70m HKD (around £8m) deposit of the 612 Humanitarian Relief Fund to be confiscated. Its six trustees, including 90-year-old Cardinal Joseph Zen are charged for failing to get formal approval to group, with a national security investigation under way.
A harmonica player was arrested for sedition at the Queen’s vigil in front of the UK Consulate in Hong Kong.
THE STATE OF THE RULE OF LAW
Police officers put out the mourning candles at the vigil for the late Queen Elizabeth II in front of the UK Consulate in Hong Kong and filmed mourners attending the memorial service.
The Police video-recorded fans at the Hong Kong vs Myanmar friendly match as the Chinese anthem was booed.
A 63-year-old man was found guilty of rioting and other charges at the 7.21 attack. Non-white shirt individuals also continue to stand in court facing rioting charge.
The pro-democracy party was contacted about their plans ahead of PRC’s National Day. The police deployed over 8,000 officers to ‘maintain public order’ on that day.
The Police keeps popularising a Soviet-style informer culture by encouraging citizens to report any suspicions of offences under Hong Kong’s draconian National Security Law.
Jimmy Lai, the democratic media tycoon who is now in jail for multiple charges, appeals against the judgement which refused his request to block police from searching his mobile phones.
Pastor Garry Pang and his YouTube channel collaborator Chiu Mei-yin appeared at the Court for sedition charges. Chiu’s lawyer challenged the constitutionality of the colonial-era sedition law.
The prosecutor of the 47 Democrats’ case told the High Court that it would be “proper” to delay the sentence of the 29 democrats who have pleaded guilty until the trial of the 18 others has concluded.
The Hong Kong Police set to enter fresh evidence to overturn a previous ruling on officers’ failure to display identification during the 2019 protests.
4 Doctors were arrested for issuing 20,000 ‘fake’ certificates for COVID-19 vaccine exemptions.
Hong Kong sees no signs of going back to normality. COVID-19 related restrictions on public gatherings persist with selective enforcement.
A FREE PRESS IN THE CROSS HAIRS
Ronson Chan, the head of Hong Kong Journalists Association (HKJA), was arrested for obstructing police and public order when live-covering a Long Ping Estate owners’ committee meeting in Mong Kok. Hong Kong Foreign Correspondents’ Club (FCC) expressed concern; PRC’s Ministry of Foreign Affairs hit back with a strongly worded statement.
HKJA and Hong Kong Public Opinion Research Institute (HKPORI) co-published the Press Freedom Index Survey 2021 reporting 97% of journalists see press freedom in decline.
Ronny Tong’s party Path of Democracy has appealed to the government to enact a fake news law as a part of its suggestion for the new Policy Address.
A GREAT PURGE UNDERWAY
Trade unions must now declare they will not ‘endanger national security’ to register in Hong Kong.
Multiple authorities raided the office of a pro-democracy ex-district councillor serving as a community mooncake sales pickup point. The mooncake sales were organised to raise funds for district work and ex-councillor Lam Cheuk-ting’s legal expenses.
University students are now required to pass a national security course in order to graduate, but students say the course failed to answer where the “red lines” are drawn.
Major dissident universities during the 2019 protests, CUHK and PolyU, held flag-raising ceremonies on campus to boost students’ sense of national identity.
Members of Hong Kong CityU students’ union fined HK$7,000 (approx. £800) for violating the gathering ban while taking group photos before moving out of the union’s office.
The Education and Development Bureau issued a new Primary Education Curriculum Guide (Pilot Version), emphasising national education and national security education.
The city’s major film association issues a statement warning filmmakers to ‘think-twice’ before entering the Taiwanese Golden Horse Film Festival and Awards.
Artists Law Kar-Ying and Carina Lau published posts to mourn the late Queen in their social media, and were trolled by mainland Chinese netizens. The former then went on camera to apologise.
In the shadow of the arrest and trial of Cardinal Zen, the Vatican allegedly plans to move its China office from Hong Kong to Beijing.
STATE SECURITY AND ECONOMY
The net outflow of Hong Kong residents through the Hong Kong International Airport was 19,580 in September (total 173425 in 2022 so far).
After counting the actual students reporting to school in the new academic year, subsidised schools are reported to incur a further reduction of: 15 primary one classes and 8 secondary one classes, on top of the planned reduction of 62 primary one classes.
The Financial Secretary Paul Chan Mo-po estimates the Hong Kong budget to see a HK$100b deficit in the 2022/2023 financial year, second to the HK$257b deficit in 2021/2022.
On 28th Sept, the Hong Kong Monetary Authority bought HK$1.94 billion as the Hong Kong Dollar continued to hit the weak end of th§e guaranteed trading band.
US public company accounting regulator PCAOB has arrived at Hong Kong and is set to inspect auditing records of US-listed, China-based companies. The inspectors are first to inspect PwC and KPMG.