Briefing: Human rights developments in Hong Kong in January 2021

This briefing describes developments in Hong Kong in January 2021 focusing on the rapid deterioration of human rights in the city following the introduction of the National Security Law in July.

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EXECUTIVE SUMMARY

THE ONGOING CRACKDOWN OF THE PRO-DEMOCRACY MOVEMENT IN HONG KONG

• Since the start of the New Year, we have witnessed an ongoing crackdown on the prodemocracy movement in Hong Kong.

• This included the arrest of 55 politicians accused of organising and participating in last year’s democratic primaries, the arrest of 11 people accused of helping 12 Hong Kong young people escape, and the arrest of the prominent pro-democracy activist Grandma Wong.

INCREASING SURVEILLANCE AND MOVES TO INTRODUCE INTERNET CONTROLS

• The last month has seen the Hong Kong and Chinese Government take steps towards increasing surveillance in the city and censoring the internet. There are growing fears that the Great Firewall in mainland China may be extended to Hong Kong.

• Notable events include the banning of HKChronicles, a website detailing police brutality against the anti-extradition protests in 2019, and the Hong Kong Domain Name Registration Company banning the registering of new domain names that that could “incite illegal acts”.

• Hong Kong’s Security Minister John Lee confirmed that the police’s surveillance of communications would be covered under the National Security Law and the Washington Post reported that the Hong Kong Police are now regularly sending devices seized by prodemocracy activists arrested to the mainland, where authorities with sophisticated data extraction technology are using the information from the devices to assist in investigations.

BEIJING NO LONGER RECOGNISES BNO AND CANADA RAISES CONCERN AS HONG KONG GOVERNMENT MULLS BANNING DUAL-NATIONALITY

• Following the UK’s BNO visa scheme opening on 31 January 2021, Beijing announced that it will no longer recognise British National Overseas passport as a travel and ID document and is considering take further action.

•The Canadian Government is increasingly concerned over the status of Hong Kongers with dual Canadian nationality, following an announcement by the Hong Kong Government that prisoners must declare the nationality they wish to maintain.

CAPITAL OUTFLOWS FROM HONG KONG

• This month US hedge fund Elliot Management announced that it is closing its Hong Kong office, marking one of the first large financial institutions to shutter operations in the territory since the introduction of the National Security Law.

• A report published by the Bank of America this month found that Hong Kong residents leaving the city could trigger capital outflows of HK$280 billion ($36 billion) this year.

• The Financial Times reported this month that asset fund managers and bankers leaving Hong Kong for alternative financial centres are facing unusual questioning from government agencies on their decision to leave the city.

RESPONSES TO THE LATEST DEVELOPMENTS

• The US State Department announced additional sanctions on six Hong Kong and Chinese officials responsible for ““developing, adopting, or implementing the National Security Law” the draconian National Security Law.

• The European Parliament overwhelmingly passed a joint-resolution on Hong Kong, which called for Magnitsky sanctions, lifeboat, extradition, a UN special envoy and stronger human rights provisions in the EU-China Investment Partnership.

• Following the freezing of pro-democracy activists and church pastors bank accounts, HSBC was called to testify before the UK Parliament’s Foreign Affairs Committee.