Hong Kong Watch co-founder and CEO Benedict Rogers threatened under National Security Law

Hong Kong Watch has received a formal warning from the Hong Kong Police Force’s National Security Department regarding its website possibly breaching the National Security Law. This makes Hong Kong Watch one of the first foreign organisations to be targeted under the draconian law.

In the letter and subsequent email, addressed to Hong Kong Watch’s Chief Executive Benedict Rogers, the National Security Department accuses Hong Kong Watch of:

‘Engaging in activities seriously interfering in the affairs of the HKSAR and jeopardising national security of the People’s Republic of China. Such acts and activities, including lobbying foreign countries to impose sanctions or blockade and engage in other hostile activities against the People’s Republic of China or the HKSAR, and seriously disrupting the formulation and implementation of laws or policies by the HKSAR Government or by the Central People’s Government.’

The letter accuses Hong Kong Watch of violating Article 29 of the National Security Law, which criminalises collusion with foreign forces to endanger national security. It warns that Hong Kong Watch could face a fine of HK$100,000 or its Chief Executive could face three years in jail for the offence.

As a result of this accusation, the Hong Kong Police in its letter has confirmed that it is using the National Security Law to block Hong Kong Watch’s website in Hong Kong, which was previously reported in early February 2022.

Since the National Security Law came into force in July 2020, over 50 civil society organisations have been forced to close in Hong Kong. The full letter from the Hong Kong Police can be read below.

Lord Patten of Barnes, the last British Governor of Hong Kong and a patron of Hong Kong Watch, commenting on the letter said:

“This is another disgraceful example of Mr Putin’s friends in Beijing and their quislings in Hong Kong trying not only to stamp out freedom of expression and information in Hong Kong but also to internationalise their campaign against evidence, freedom and honesty.”

Lord Alton of Liverpool, a patron of Hong Kong Watch and one of the Parliamentarians sanctioned by China last year, said:

“This represents a significant escalation in the Chinese Communist Party regime's attempts to silence dissent well beyond its borders and it signifies the attempted application of the abhorrent 'extraterritoriality' clause of the draconian National Security Law which Beijing imposed on Hong Kong. The result of that appalling law is the total destruction of Hong Kong's freedoms and autonomy, and now the regime is using that law to try to undermine freedom around the world. It is a direct assault on freedom of expression worldwide, and a shocking attempt to intimidate and threaten an organisation which has been at the forefront of global advocacy for Hong Kong.

This draconian attack on Hong Kong Watch is testimony to its effective advocacy. As a Patron of Hong Kong Watch I know that the team that run it will not be silenced by this - on the contrary, we will renew our efforts, which are needed now more than ever. I hope the British government and other governments in the free world will take this threat very seriously, respond swiftly and robustly to condemn it, and unite to defend freedoms everywhere where they are under assault.”

Sir Geoffrey Nice QC, a patron of Hong Kong Watch and the former prosecutor of Slobodan Milošević in The Hague:

“This interference with the right to think, speak and to act in accordance with basic human rights should be of concern to us all. We cannot afford to allow those in the Hong Kong and Chinese Government to muffle those in the UK and elsewhere who have the power and protections afforded under the law to speak out against this growing human rights crisis.

Will such institutions as the famous five Magic Circle City of London Law firms speak out now in support of HKW and in opposition to these threats to freedom of speech? They were given the opportunity to do so when the PRC sanctioned a number of lawyers and human rights activists a year ago - and said nothing.

Those justifying silence in self-interest when given the chance to speak have only to look to Ukraine's president to see what courage looks like. Recent events and this latest attack by the PRC against Hong Kong Watch demonstrate one again why the only serious defence of freedom is for us all to speak out. Silence from the UK legal community in the face of this latest attack by Beijing is shameful.”

Commenting on the letter and email, Hong Kong Watch’s Chief Executive, Benedict Rogers, said:

"By threatening a UK-based NGO with financial penalties and jail for merely reporting on the human rights situation in Hong Kong, this letter exemplifies why Hong Kong's National Security Law is so dangerous.

We will not be silenced by an authoritarian security apparatus which, through a mixture of senseless brutality and ineptitude, has triggered rapid mass migration out of the city and shut down civil society.

Irrespective of this attempt to intimidate our staff and censor our website in Hong Kong, we will continue to be a voice for the people of Hong Kong and those brave political prisoners who have been jailed under this authoritarian regime. We will redouble our efforts to expand lifeboat schemes for those not covered by BNO and will continue to call for Hong Kong officials to face sanctions for their destruction of the city’s autonomy and freedom. The irony is that many of Hong Kong’s police officers and government officials today hold foreign passports, send their children to be educated in the West, and have their savings held in Western banks overseas to avoid Xi Jinping’s ongoing “corruption” crackdowns - and so the likelihood is that these sanctions would be quite effective.”

Sarah Champion MP, a Labour MP, Patron of Hong Kong Watch and Chair of the House of Commons International Development Committee, says:

"For the Chinese Communist Party regime and its proxies in Hong Kong to be threatening a highly reputable international human rights advocacy organisation and its co-founder and Chief Executive, a British national, with imprisonment simply for speaking out for Hong Kong's freedoms and autonomy is truly outrageous. I urge the British government and other democracies around the world to make very clear to the authorities in Hong Kong that such threats and attempts to silence legitimate freedom of expression well beyond its borders are abhorrent and unacceptable and we will not stand for it. As a Patron of Hong Kong Watch I applaud our team for their dedication and commitment. I know they will not be silenced."

Former Leader of the Conservative Party, Conservative Cabinet Minister and co-chair of IPAC, Sir Iain Duncan Smith MP, said:

“Even as the world watches the appalling attack on Ukraine, this attempt by China to arrest British citizens outside of China should remind us all that Totalitarian China is a threat to freedom everywhere.”

Alistair Carmichael MP, Patron of Hong Kong Watch, the Liberal Democrats' Home Affairs spokesperson, and Chair of the All Party Parliamentary Group on Hong Kong, said:

"The Chinese Communist Party regime and its puppet authority in Hong Kong has already destroyed Hong Kong’s freedoms, in total breach of its obligations under an international treaty, the Sino British Joint Declaration. Now they are threatening British citizens and an international advocacy organisation with imprisonment for defending Hong Kong’s freedoms and autonomy and for speaking out against the grave human rights violations in Hong Kong. This is a completely intolerable assault on freedom of expression around the world. The British government must lead democracies around the world in condemning this harassment of an extremely effective and highly respected international organisation, and its co-founder and Chief Executive, and in standing up for freedom, both for Hong Kongers and now for ourselves."

Senator Leo Housakos, a patron of Hong Kong Watch in Canada, said:

“This bullying by the Chinese communist regime is a result of continued appeasement by the West. The CCP has grown increasingly belligerent and emboldened, not only toward Hong Kongers but also toward the rest of the world.

These latest threats and intimidation are an attempt to hinder the incredible work being done by Hong Kong Watch, not only in Hong Kong but also in the UK and Canada.

Hong Kong Watch continues to have my steadfast support. And I will be calling on the Canadian Government to make it clear that the draconian National Security Law will not be used to intimidate Canadians or anyone involved with Hong Kong Watch.”

One of Hong Kong Watch’s US Patrons, former US Ambassador-at-Large for International Religious Freedom Sam Brownback, who also served as a Senator, Governor of Kansas and a Presidential candidate, said:

“It is unbelievable the Chinese government would try to close such a reputable group. The tragic elimination of basic human rights in China and Hong Kong will inevitably lead to economic and security declines.”

The letter from the Hong Kong National Security Bureau in full :

Dear Mr Rogers,

We refer to your email of 16 February 2022 to the Chief Executive, which has been relayed to the Security Bureau for follow up.

2. I would draw your attention to Article 29 of the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region1 (“National Security Law”) which provides that a person who requests a foreign country or an institution, organization or individual outside the mainland, Hong Kong and Macao of the People’s Republic of China, or conspires with a foreign country or an institution, organization or individual outside the mainland, Hong Kong, and Macao of the People’s Republic of China, or directly or indirectly receives instructions, control, funding or other kinds of support from a foreign country or an institution, organization or individual outside the mainland, Hong Kong, and Macao of the People’s Republic of China to, inter alia, seriously disrupt the formulation and implementation of laws or policies by the Government of the Hong Kong Special Administration Region (“HKSAR”) or by the Central People’s Government, which is likely to cause serious consequences; or impose sanctions or blockade, or engage in other hostile activities against the HKSAR or the People’s Republic of China commits an offence, namely, “Collusion with a Foreign Country or with External Elements to Endanger National Security” (“Collusion Offence”). Article 38 of the National Security Law provides that the National Security Law shall apply to offences committed against the HKSAR from outside the HKSAR by a person who is not a permanent resident of HKSAR.

3. Criminal investigation reveals that “Hong Kong Watch” has been engaging in activities seriously interfering in the affairs of the HKSAR and jeopardising national security of the People’s Republic of China. Such acts and activities, including lobbying foreign countries to impose sanctions or blockade and engage in other hostile activities against the People’s Republic of China or the HKSAR, and seriously disrupting the formulation and implementation of laws or policies by the HKSAR Government or by the Central People’s Government, constitute the Collusion Offence contrary to Article 29 of the National Security Law. A person who commits the offence shall be sentenced to imprisonment of not less than 3 years to life imprisonment.

4. As the Co-founder and Chief Executive of “Hong Kong Watch”, the acts and activities of “Hong Kong Watch” have been carried out under your directions. You are fully responsible for the acts and activities of “Hong Kong Watch” and liable for the Collusion Offence under the National Security Law.

5. Further, pursuant to Article 43 of the National Security Law and Schedule 4 to the Implementation Rules for Article 43 of the National Security Law (“Schedule 4 to the Rules”2), the Police may require publisher(s) and service provider(s) to remove or take a disabling action on electronic message(s) on an electronic platform the publication of which is likely to constitute an offence endangering national security or is likely to cause the occurrence of an offence endangering national security.

6. In this respect, the Commissioner of Police has reasonable grounds for suspecting that the publication of the website of “Hong Kong Watch” at https://www.hongkongwatch.org/ (“Website”) is likely to constitute or to cause the occurrence of the Collusion Offence which is an offence endangering national security.

7. On this basis and with the approval of the Secretary for Security, the Commissioner of Police has authorized a designated officer to exercise the power under section 7(2) of Schedule 4 to the Rules to issue a notice (“Notice”) to you, as the publisher of the Website, to remove the Website within 72 hours from the sending of the Notice3. For details, please refer to the Notice issued to you by the designated officer for the Commissioner of Police dated 10 March 2022. A person who fails to comply with the requirement in the Notice commits an offence and is liable on conviction on indictment to a fine of $100,000 and to imprisonment for 1 year4.

8. You and “Hong Kong Watch” are obliged to remove the Website in compliance with the Notice without delay, and immediately cease engaging in any acts and activities in contravention of the National Security Law or any other laws of Hong Kong. Should you fail to do so, further action will be instituted against you and “Hong Kong Watch” without further notice.

9. If you have any questions, please contact Ms Ann Cheng of the Police at (852) 3660 0761 or nsd-ict@police.gov.hk.

Security Bureau

英國外相、前港督及多國議員迅速回應香港監察遭香港政府指控違反國安法

香港監察收到香港警務處國家安全處的正式警告，稱我們的網站或已違反了《港區國安法》，令香港監察成為被國安法針對的首批外國組織之一。

國家安全處在發給香港監察行政總監羅傑斯的信件和電子郵件中，指控香港監察正在「從事嚴重干預香港特區事務和危害中華人民共和國國家安全的活動，包括游說外國對中國或香港實施制裁或封鎖以及從事其他敵對活動，以及嚴重干預香港特區政府或中央人民政府制定和實施法律或政策。」

當局指控香港監察違反了《港區國安法》第29條「勾結外國或者境外勢力危害國家安全罪」，警告香港監察行政總監可能面臨 3 年監禁或港幣 10 萬元罰款。

是次指控證明香港當局亦曾經於 2 月利用《港區國安法》打擊香港監察及封鎖我們的網站，香港監察於 2 月亦有公開此消息。

自國安法於 2020 年 7 月生效以來，香港已有 50 多個公民組織被迫停運及解散。香港警方的信件全文可在上方閱讀 (英文原文）。

香港監察贊助人、前港督彭定康勳爵在評論當局指控說：

「這是普京朋友習近平和其香港爪牙又一可恥之作，他們不僅試圖在香港消滅言論及新聞自由，還試圖在全球消滅指控他們的證據，以及打擊自由及誠信等核心價值。」

香港監察贊助人、奧爾頓勳爵評論當局指控說：

「這次指控代表中共政權正試圖在全球不分地域地打壓異見聲音，它標志著北京意圖無限延伸國安法的權力。這部骸人的法律完全破壞了香港的自由和自治，而現在中共正利用這部法律試圖破壞世界各地的自由。這是中共對全球各地言論自由的直接攻擊，而它意圖恐嚇和威脅香港監察這個在國際香港政策倡議站在前線的組織，令人感到震驚。

香港監察這次遭受嚴厲攻擊證明其倡議工作行之有效。作為贊助人，我知道香港監察團隊這個時刻定必會加倍努力，絕不會因此而沉默。我希望英國政府和其自由世界盟友能夠慎重對待這一威脅，迅速有力地作出反應並且予以譴責，團結起來捍衛自由。」

香港監察贊助人、英國御用大律師 Sir Geoffrey Nice QC 評論當局指控說：

「這種對基本人權、思想及言論自由的干涉，絕對不容被忽視。我們絕不允許中港政府以威嚇手段對付英國或其他國民，這些人擁有法律賦予的權力及自由就日趨嚴重的香港人權危機發聲。

像倫敦市「魔術圈」倫敦五大律師事務所這樣的機構，現在會不會站出來支持香港監察，反對這些對言論自由的威脅？一年前，當中共制裁一些律師和人權倡議者時，他們有機會發聲，但卻什麼也沒有說。

那些有機會發聲，但卻為了自身利益而保持沉默的人，只要看看烏克蘭總統澤連斯機就知道何謂勇氣。最近的事件和中共打壓香港監察再次引證，唯一捍衛自由的方法是所有人都敢於發聲。而面對北京的威脅，英國法律界的沉默是可恥的。」

香港監察行政總監羅傑斯評論當局信件和電子郵件指：

「香港國家安全處的這封信正在威脅一個總部設在英國的非政府組織，就匯報香港人權狀況威脅進行經濟懲罰和判處監禁。這反映了嚴酷的國安法的危險性。

我們不會被一個專制的安全機構所壓制，這個機構通過毫無意義的殘暴和無能的混合，引發了快速的大規模移民離開這個城市，並關閉了公民社會。

無論極權如何威脅香港監察團隊和審查我們的網站，香港監察定必繼續為香港人和被極權奪去自由的政治犯發聲。我們將加倍努力，為那些沒有被BNO覆蓋的人擴大救生艇計劃，並將繼續呼籲香港官員因其破壞城市的自治和自由而面臨製裁。具有諷刺意味的是，今天香港的許多警察和政府官員都持有外國護照，把他們的孩子送到西方國家接受教育，並把他們的存款存放在海外的西方銀行，以避免習近平正在進行的 "腐敗 "鎮壓--因此，這些製裁很可能會相當有效。」

香港監察贊助人、英國工黨國會議員柴萍恩評論當局指控說：

「中共政權及其在香港代理人僅僅因為香港監察為香港的自由和自治發聲，發信威脅這個富有聲譽的人權組織及其聯合創辦人兼行政總監 —— 一名英國國民 —— 要脅將其監禁，這絕對是令人震怒的。我敦促英國政府和其他民主國家向香港當局明確表示，我們絕不會容忍這種威脅及一切意圖無視國界打壓言論自由的行為。作為香港監察的贊助人，我感謝團隊的付出和努力，我知道他們不會因此而噤聲。」

英國前保守黨黨魁及前反對黨領袖施志安爵士(Sir Iain Duncan Smith MP)評論當局指控說：

「在全球都在關注烏克蘭被入侵之陣，這次中共試圖在境外逮捕英國公民提醒我們 —— 中國的極權主義是對全球各地自由的威脅。」

香港監察贊助人、英國國會跨黨派關注香港小組主席 Alistair Carmichael MP 評論當局指控說：

「中共政權及其在香港傀儡已經摧毀了香港的自由，完全違反了《中英聯合聲明》中所作的承諾。英國公民羅傑斯及香港監察因為捍衛香港的自由和自治、並就香港人權被嚴重侵犯發表意見，遭中港當局發信要脅將其監禁，這是對全球言論自由一次不可容忍的攻擊。英國政府必須帶領全世界的民主國家譴責這種對一個極其有效和備受尊重的國際組織及其共同創始人和行政長官的騷擾，並為香港人和現在的我們站出來爭取自由。」

香港監察贊助人、加拿大參議員 Leo Housakos 評論當局指控說：

「中共政權這種欺凌行為是西方國家持續姑息的後果。中共已經變得更加得寸進尺及有恃無恐，不僅打壓香港人，亦同時威脅著世界其他國家。

不僅在香港，當局亦試圖在英國及加拿大以威嚇手段阻礙香港監察行之有效的倡議工作。

我繼續堅定支持香港監察。我呼籲加拿大政府能夠明確表示，不會有加拿大人或香港監察任何一員成為嚴苛國安法的恐嚇對象。」

香港監察美國贊助人、前美國國務院國際宗教自由無任所大使 Sam Brownback 評論當局指控說：

「難以相信中共政府試圖要脅香港監察停止運作。中國和香港基本人權被悲劇性消除，將無法避免地打擊經濟和大眾安全。」

UCA News: ‘I won't give in to Beijing's bullies’ (16 March 2022)

Foreign Secretary Statement on Hong Kong Watch: ‘Foreign Secretary Liz Truss statement on the unjustifiable action taken against the UK-based NGO Hong Kong Watch’ (14 March 2022)

Reuters: ‘U.K.-based rights group says Hong Kong police accused it of violating security law’ (14 March 2022)

The Times: ‘Hong Kong threatens British human rights activist’ (14 March 2022)

BBC: ‘Hong Kong: Briton accused of jeopardising China's security’ (14 March 2022)

The Guardian: Hong Kong demands UK-based rights group shut down website (14 March 2022)