Briefing: Human rights developments in Hong Kong in August 2021
This briefing describes developments in Hong Kong in August 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 August 2021, Beijing has continued its crackdown on the pro-democracy movement in Hong Kong, with:
- Seven pro-democracy activists being sentenced to at least 11 months in prison for participating in an “illegal assembly” in October 2019.
- Pro-democracy activist Max Chung Kin-ping being arrested by the Hong Kong Police and accused of organising an “illegal assembly” on 27 July 2019.
- Four University of Hong Kong students being arrested under the National Security Law and accused of “advocating terrorism”.
- Hong Kong activist Andy Li and paralegal Chan Tsz-wah pleading guilty to taking part in a conspiracy to “collude with foreign forces” along with Jimmy Lai, as a result of possible mistreatment and torture in the mainland.
- Hong Kong’s High Court rejecting the latest bail application from former district councillor Roy Tam, who is one of dozens of pro-democracy figures detained for close to six months pending trial under the National Security Law.
- Two former Apple Daily editors Lo Wai-kwong and Cheung Kim-hung were denied bail under the National Security Law.
- Three more members of a speech therapist union in Hong Kong have been remanded in custody and charged with sedition for publishing a series of children’s books.
CIVIL SOCIETY UNDER ASSAULT
• The Civil Human Rights Front, one of the largest civil society groups in Hong Kong responsible for organising some of the city’s largest pro-democracy protests in 2019, announced that it would disband. The Hong Kong Police Force has been investigating the civil society group’s finances since April and a government source stated to the media that it would pursue the group regardless of its dissolution.
• The Professional Teachers’ Union, Hong Kong’s biggest teaching union, announced on 10 August 2021 that it would disband as a result of pressure from the Chinese Government.
• The 612 Humanitarian Relief Fund, which is a fund that was set up to provide legal fees and financial assistance to protesters arrested during the 2019 pro-democracy demonstrations, has announced that it will cease operations on October 31 2021. The announcement follows reports that the Hong Kong Police has launched a probe into the 612 Humanitarian Relief Fund on suspicion of violating the National Security Law.
• The Hong Kong Police have announced that they are investigating the Hong Kong Alliance in Support of Patriotic Democratic Movements of China, the organisers of Hong Kong’s annual Tiananmen Square Vigil for breaching the National Security Law.
• The Hong Kong Government announced on 24 August 2021 a censorship law which will be used to ensure that films screened in the city in the past have not violated the National Security Law, with those found guilty facing up to three years in jail or a HK$1 million fine.
• Three members of the directly elected Hong Kong Government’s Art Development Council have resigned citing attacks by pro-Beijing outlets on civil society.
• The Hong Kong singer and pro-democracy activist Denise Ho announced that the Hong Kong Arts Centre had cancelled her upcoming concerts, citing a contract clause that the concerts would not go ahead if “public order or public safety were endangered”.
THE STATE OF THE RULE OF LAW
• In a speech to Hong Kong’s Law Society the former Chief Justice, Geoffrey Ma, has urged the Hong Kong legal community to speak up for the rule of law, saying it is their public duty and is not political.
• Hong Kong officials intervened in this month’s Law Society elections. Hong Kong’s Justice Secretary, Teresa Cheng, published a piece in the Chinese regime’s propaganda outlet China Daily promising lawyers’ professional benefits if they backed the right candidates, while Hong Kong’s Chief Executive Carrie Lam warned the Law Society that it would jeopardise its relationship with the Government if “the group became politicized”.
• Lord Reed, the President of the UK Supreme Court, released a statement saying that he and his deputy Lord Hodge would continue to serve on Hong Kong’s Court of Final Appeal for now, concluding that the city’s judiciary remained largely independent of government.
• Hong Kong’s pro-Beijing dominated Legislative Council has passed a law allowing solicitors for the Department of Justice to become Senior Counsel without first having to serve as barristers. The Hong Kong Bar Association has criticised the new law which it claims will undermine the independence of the legal community.
DEMOCRACY DISMANTLED
• The Hong Kong Government on 26 August 2021 disqualified one of the last prodemocracy lawmakers from his seat within the Hong Kong Legislature, after finding him insufficiently loyal.
• The Hong Kong Government announced its intention to spend HK$1.17bn renovating the Legislative Council as it cuts the number of directly elected lawmakers and bars pro-democracy parties from running for elections.
• At least 101 candidates put forward for Hong Kong’s Election Committee (which will decide the appointment of Hong Kong’s Chief Executive and 50 Legislative Councillors) are reported to be top executives of mainland Chinese enterprises and business associations. The South China Morning Post reports that the Election Committee will be packed with at least 1,006 Beijing loyalists out of 1,500 seats.
MOVES TO CONTINUE THE CRACKDOWN ON BASIC RIGHTS
• On 19 August 2021, it was reported that the National People’s Congress Standing Committee has put on hold its plan to add China’s new anti-sanctions law to the annex of Hong Kong’s Basic Law, following a backlash from the business community.
• The People’s Liberation Army garrison based in Hong Kong this month practised military drills on land and sea designed to intercept “fugitives” attempting to flee the territory by boat.
• On 1 September 2021, the Hong Kong Government’s new law which requires all domestic phone sim cards to be registered with the authorities came into force.
OTHER DEVELOPMENTS
• The UK Government says nearly 65,000 Hong Kongers have taken up its BNO scheme in the first two quarters of 2021.
• On 5 August 2021 US President Joe Biden announced temporary safe haven for Hong Kongers currently in the USA.
• Statistics released by the Hong Kong Government have shown that 89,000 Hong Kongers (1.2% of the population) have left the city since the introduction of the National Security Law last year.
• According to the Mandatory Provident Fund (MPF) Authority, which deals with Hong Kongers pensions, Hong Kongers in the first quarter of the year permanently applied to withdraw HK$1.93 billion from their MPF accounts – an almost 50% spike on the previous year.
In the same month, HSBC and Canadian insurance company Manulife have faced criticism as reports have surfaced of the two MPF providers refusing to allow Hong Kongers who take up the UK’s BNO scheme early access to their pension savings, at the behest of the MPF Authority.
• The New Democratic Party and the Conservative Party in Canada have committed to Hong Kong policies within their manifestos for the upcoming Federal Elections in Canada.
• On 5 August 2021 the Australian Foreign Minister announced that the Government intends to introduce legislation reforming its autonomous sanctions regime, which will be akin to the UK, Canada, EU and USA’s Magnitsky legislation.
• The Hong Kong Stock Exchange has been hit by the Chinese Government’s crackdown on technology companies, as many indexes dominated by Chinese internet, app and gaming leaders are listed in Hong Kong rather than onshore.