Hong Kong Watch welcomes UN experts’ call for immediate release of Jimmy Lai ahead of UPR

United Nations (UN) experts today urged the Hong Kong Government to drop all charges and immediately release entrepreneur and pro-democracy campaigner Jimmy Lai ahead of the UN Universal Periodic Review (UPR) of China tomorrow.

The experts include Ms. Alice Jilly Edwards, Special Rapporteur on torture and other cruel, inhuman or degrading treatment of punishment; Ms. Irene Chan, Special Rapporteur on the protection and promotion of freedom of opinion and expression, Ms. Margaret Satterthwaite, Special Rapporteur on the Independence of Judges and Lawyers; and Mr. Clément Nyaletsossi Voule, Special Rapporteur on the rights of freedom of peaceful assembly and of association, all of the Special Procedures of the UN Human Rights Council.

The experts said, “Jimmy Lai’s arrest, detention and series of criminal proceedings over the past few years appear to be directly related to his criticism of the Chinese Government and his support for democracy in Hong Kong SAR. We are alarmed by the multiple and serious violations of Jimmy Lai’s freedom of expression, peaceful assembly, and association, and his right to a fair trial, including the denial of access to a lawyer of his own choosing and the handpicking of judges by the authorities. We expressed our concerns about the National Security Law before it was enacted and will continue to do so, as we believe it is not in line with international legal obligations.”

Hong Kong Watch welcomes this call from UN experts one day before the UN UPR of China in Geneva, in which China will be scrutinised for its human rights record and receive recommendations for improvement from other UN Member States. This process happens every four to five years for every UN Member State.

Last week, Hong Kong was mentioned 25 times in the Advance Questions for the UPR. This includes one question regarding the unjust imprisonment of Jimmy Lai and other questions on the repeal of the National Security Law from the Netherlands, Switzerland, the United Kingdom, and the United States. Belgium and Australia also asked questions about Hong Kong.

Hong Kong Watch made three joint submissions to the UN UPR of the People’s Republic of China, focusing on human rights violations related to the 2019 pro-democracy protests, the Beijing-imposed National Security Law, and political prisoners, including Jimmy Lai. The full submissions are available here. 

The long-anticipated trial of Jimmy Lai opened on Monday 18 December 2023. Jimmy Lai is a British citizen who founded the now-defunct newspaper Apple Daily, previously the largest pro-democracy newspaper in Hong Kong. Mr Lai faces three charges under Hong Kong’s Beijing-imposed National Security Law which carries a maximum punishment of life in prison, and one charge for “conspiracy to publish seditious publications” under the colonial-era sedition law. A long-time critic of the Chinese Communist Party, Mr Lai is one of the most high-profile pro-democracy activists who has been arrested under the NSL. 

Benedict Rogers, co-founder and Chief Executive Officer of Hong Kong Watch, said: 

“We express our deep appreciation to all the United Nations Special Rapporteurs who have called for the immediate release of British citizen Jimmy Lai on the eve of the UPR. We warmly welcome this move, as well as the Advance Questions from UN Member States that include Mr Lai and Hong Kong.

“Tomorrow is a once-in-a-five-year chance, which must not be missed, to raise Mr Lai’s case on the UN level in the full view of the international community. Mr Lai’s case is emblematic of the ongoing destruction of freedom of expression, including media freedom, freedom of assembly, freedom of association and freedom of religion or belief, and the rule of law, in Hong Kong. Therefore, Mr Lai’s case must be a priority not only for the UN Special Rapporteurs, but also for UN Member States, to stand up against violations of human rights and the dismantling of the rule of law in Hong Kong.”