Hong Kong Watch welcomes the UN Working Group on Arbitrary Detention’s Opinion Concerning Ms. Hang Tung Chow
On Friday, the UN Human Rights Council’s Working Group on Arbitrary Detention published its Opinion No. 30/2023 concerning Ms. Hang Tung Chow (Hong Kong, China).
Chow Hang-tung is the former vice-chairperson of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China. On 4 June 2021, Chow was arrested for allegedly publicizing a banned public assembly - the Tiananmen Massacre vigil. On 30 June 2021, Chow was re-arrested for inciting an illegal assembly, which was scheduled to take place on July 1.
In May 2023, Chow and two others were found guilty of not complying with a national security police request for information. Although she is already in prison for related charges, she still faces a charge of subverting state power through the Alliance.
The Working Group concluded that:
“no trial of Ms. Chow should take place [... because] the deprivation of liberty of Ms. Chow is arbitrary” (§84)
They were “very concerned about articles 44, 46 and 47 of the National Security Law. Articles 44 and 47 provide the Chief Executive with excessive power, including the power to appoint judges from a list that is not made public and, in consultation with the Committee for Safeguarding National Security of the Hong Kong Special Administrative Region and the Chief Justice of the Court of Final Appeal, to hear national security cases, as well as the power to issue a binding certificate to the courts as to whether an act involves national security or whether the relevant evidence involves State secrets when such questions arise in the adjudication of a case” which also was of particular concern also to the Human Rights Committee in 2022. (§88)
The deprivation of liberty of Ms. Chow is in contravention of the International Covenant on Civil and Political Rights and is arbitrary. (§95)
Ms. Chow should be released immediately and receive “compensation and other reparations, in accordance with international law.” (§97)
The HKSAR should revise the provisions of the National Security Law to ensure that they comply with its obligations under international law. (§98)
“A full and independent investigation of the circumstances surrounding the arbitrary deprivation of liberty of Ms. Hang Tung Chow and to take appropriate measures against those responsible for the violation of her rights” (§99)
Anouk Wear, Research and Policy Advisor stated that:
“We welcome the UN Working Group on Arbitrary Detention’s conclusions regarding the case of Chow Hang-Tung. They draw attention to the arbitrary nature of Chow Hang-Tung’s detention, and the violations of her rights and freedoms.
This also reiterates that the National Security Law is used for political reasons without regard for the rule of law, and in violation of Hong Kong’s international legal obligations. This is completely unacceptable and we continue to call for the immediate release of the political prisoners who are arbitrarily detained.”