Briefing: Human rights developments in Hong Kong in September 2021
This briefing describes developments in Hong Kong in September 2021 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
Throughout September 2021, Beijing has continued its crackdown on the pro-democracy movement in Hong Kong, with:
- Three convenors of the pro-democracy group Student Politicism arrested under the National Security Law for “conspiracy to incite subversion”, including helping deliver snacks to prisoners.
- Pro-democracy activists Lee Cheuk-Yan, Albert Ho and Chow Yang-tung, convenors of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China, formally charged with ‘inciting subversion”.
- The start of the second National Security Law trial. Ma Chun-man, is the second person to be tried under the National Security Law, on one count of inciting secession by chanting slogans and holding placards in favour of Hong Kong independence on 20 occasions between August 15 and November 22 2020, according to the prosecution.
- Seven pro-democracy activists pleading guilty to “unlawful assembly” after participating in a procession held on 1 July 2020 in response to the introduction of the National Security Law.
ACADEMIC FREEDOM ON LIFE SUPPORT
• The student union of the Chinese University of Hong Kong announced it was disbanding after the Chinese University of Hong Kong administration announced in February that the university would stop collecting fees for the union starting from September.
• The Hong Kong Metropolitan University became the latest higher education institute in Hong Kong to introduce a mandatory national security course.
• The Hong Kong University has ordered the removal of a statue commemorating protesters killed in China’s 1989 Tiananmen Square crackdown.
• Hong Kong’s Education Bureau has announced that all Hong Kong schools will be required to display the Chinese national flag and hold weekly flag raising ceremonies “to promote affection for the mainland’s people and a sense of belonging to the nation” under new regulations.
A SLEDGE HAMMER TO CIVIL SOCIETY & DEMOCRACY
• The Hong Kong Confederation of Trade Unions announced on 17 September 2021 that it is currently in the process of disbanding. The decision comes after reports in pro-Beijing outlets that the coalition of trade unions may become the target of a national security police investigation.
• 17 District Councillors in Hong Kong have been disqualified after the Hong Kong Government required them to “provide more information” “owing to doubts” over the validity of their oaths of allegiance.
• On 20 September 2021, the results of the Hong Kong Election Committee elections were announced, with just one opposition member elected to the 1,500-member body. Less than 8,000 Hong Kongers were eligible to vote.
• The Hong Kong Government has announced that the city’s 36,000 electoral workers will undergo political vetting ahead of the upcoming Legislative Council elections, which are the first to take place under Beijing’s new electoral system.
• The Chinese emblem has appeared at the top of several Hong Kong Government websites next to the local emblem following the passing of a new law, which requires the national flag to be prominent on government websites.
THE STATE OF THE RULE OF LAW
• On 11 October 2021, the Times newspaper reported that a Hong Kong district judge, Sham Siu-man, has left the territory for the UK. Sham Siu-man cites being targeted by pro-Beijing media outlet Wen Wei Po after he acquitted eight protestors involved in a protest in Wan Chai and another six protestors for rioting as the reason behind his decision to leave the territory.
• A judge speaking anonymously to Vice News has criticised the first National Security trial to take place in Hong Kong. The judge said that the court relied on a “questionable” understanding of criminal law concepts and sentenced Tong Ying-kit too harshly.
• In September 2021, the Hong Kong Court of Final Appeal considered the applicability by the Hong Kong Government of joint-enterprise for “unlawful assembly” and “rioting” cases. The ruling by the Hong Kong Court of Final Appeal will have a significant impact on a number of prosecutions the Hong Kong Government is pursuing in relation to the 2019 anti-Extradition Bill protests.
• In the Hong Kong Chief Executive’s 2021 Policy Address, Carrie Lam announced that the Hong Kong Government would build a new “megacourt” to address the shortage of space as it seeks to work through a backlog of arrests during the 2019 antiExtradition Bill protests.
ARTICLE 23 NATIONAL SECURITY LEGISLATION TO BE INTRODUCED
• On 29 September 2021, Hong Kong’s Security Secretary, Chris Tang, stated that the Hong Kong Government would consider drafting Article 23 national security legislation, which would look at the role of foreign organisations.
• In the Hong Kong Chief Executive’s 2021 Policy Address, Carrie Lam confirmed that the Hong Kong Government would go ahead with introducing Article 23 national security legislation. She also confirmed that the Hong Kong Government would extend national security education and oath taking in the territory.
• Article 23 of Hong Kong’s Basic Law gives the Hong Kong Government the power to introduce local national security legislation. In 2003, the Hong Kong Government attempted to introduce Article 23 national security legislation. This legislation was shelved following 500,000 Hong Kongers taking to the streets to protest.
OTHER DEVELOPMENTS
• The Chinese Government has delayed introducing the Anti-Foreign Sanctions Law to Hong Kong over concerns it may impact Hong Kong’s status as an international financial centre.
• The Pandora Papers leak covering almost 12 million documents has found that two of Hong Kong’s former Chief Executives, CY Leung and Tung Chee-hwa, have used offshore tax havens to hide their wealth and avoid paying tax.
• The UK Foreign Office has met with high profile British activists who are critical of the crackdown in Hong Kong, to warn them against travelling to third countries that still have active extradition treaties with Hong Kong.
• The European Parliament voted overwhelmingly on 16 September 2021 to endorse a new EU-China strategy report which places Hong Kong and human rights at the foundation of the Parliament’s approach in dealing with the Chinese Government going forward.
• The co-chairs of the informal EU Parliament Hong Kong Watch Group have written to the EU Commission Presidents to mark the first anniversary of the National Security Law, calling for the introduction of Magnitsky sanctions against Hong Kong officials, the implementation of lifeboat schemes, and the suspension of extradition treaties with the People’s Republic of China.
• Speaking at Hong Kong Watch's report launch at Conservative Party Conference, Baroness Helena Morrissey, the Chair designate of AJ Bell and one of the City's leading lights, has called for ESG investors concerned with human rights to divest from Chinese companies.
• Lord Lister, the former advisor to the UK Prime Minister Boris Johnson, has been appointed to advise HSBC. His focus will be on China and its second headquarters in Hong Kong.