Hong Kong Watch Condemns Beijing’s Draconian National Security Law on Third Anniversary of its Imposition

Today, on the third anniversary of the imposition by Beijing on Hong Kong of a draconian National Security Law, which was implemented with no debate, discussion or scrutiny and almost no warning, Hong Kong Watch condemns the law and its devastating impacts on the city, and calls for its immediate repeal and for the authorities to refrain from its application.

Hong Kong Watch also expresses profound and grave concern in regard to the violations of rights and freedoms in Hong Kong that have been perpetrated since the National Security Law was imposed. We call on the international community to work to secure the immediate release of all political prisoners in Hong Kong.

On 30 June 2020, the Standing Committee of the National People's Congress (NPCSC) passed the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (the National Security Law) in the  Hong Kong Special Administrative Region (HKSAR). The HKSAR government welcomed this law, which took immediate effect.

The National Security Law broadly defines and criminalises acts of secession, subversion, terrorist activities, and collusion with a foreign country or with external elements to endanger national security. The maximum penalty under the National Security Law is life imprisonment.

Since its introduction 249 people have been arrested, of which 67 were convicted or are awaiting sentencing, and 29 of them were prosecuted. This is in addition to the 10,277 people arrested from the protest, of which 2,804 people have been prosecuted. 

The United Nations has repeatedly called for the repeal and suspension of the National Security Law, including at the review of Hong Kong’s ICCPR obligations, where the UN Human Rights Committee was “deeply concerned about the overly broad interpretation” of the National Security Law and recommended that the HKSAR repeal the law and refrain from applying it in the meantime; at the CESCR review which concluded that the National Security Law “has de facto abolished the independence of the judiciary” and raised concerns about independence of the judiciary, the right to fair trial, academic freedom and artistic freedom; and the CEDAW review which raised concerns about “over-prioritizing public order and security concerns when considering restrictions on democratic manifestations” which would violate women’s rights.

Last week, the European Parliament passed its third resolution on the human rights situation in the HKSAR in three years, stating that “fundamental freedoms, the rule of law and the judiciary’s independence in Hong Kong have deteriorated alarmingly” since the imposition of the National Security Law, and that “the PRC has fully breached the ‘one country, two systems’ principle, the Sino-British and Sino-Portuguese Joint Declarations and the ICCPR.”

Benedict Rogers, Co-Founder and Chief Executive of Hong Kong Watch said:  

“Despite initial assurance that it would only impact a few people, it is absolutely clear that the Hong Kong National Security Law has been used to systematically and institutionally violate, restrict, repress and entirely deny the exercise of an extensive range of rights and freedoms in Hong Kong, with no accountability whatsoever.

The Hong Kong government criminalises a range of activities that should be legal under its international legal obligations. As several United Nations treaty bodies have found, the Hong Kong government and the regime in Beijing is in flagrant violation of obligations under multiple international treaties and covenants. It is vital that the international community speaks up strongly and consistently, especially on this 26th anniversary of the handover of Hong Kong and the third anniversary of the National Security Law, to signal that we will continue standing up for the rights and freedoms of the people of Hong Kong.

On the third anniversary of this draconian law, we urge the international community to stand with the people of Hong Kong and work to secure the release of all political prisoners in Hong Kong.”