Briefing: Human rights developments in Hong Kong in December 2021

This briefing describes developments in Hong Kong in December 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

In December 2021, Beijing continued its crackdown on the pro-democracy movement in Hong Kong:

- The Hong Kong Police Force raided the offices of Stand News and arresting six individuals under the Crimes Ordinance for “conspiracy to produce seditious publications”. Those arrested include current acting Chief Editor Patrick Lam, Deputy Editor Ronson Chan, who also led the Hong Kong Journalist’s Association, pro-democracy activist and lawyer Margaret Ng, and pro-democracy activist and singer Denise Ho.

-In response to the police raids and arrests, the pro-democracy publications Stand News and Citizen News announced their closure.

- Jimmy Lai, the pro-democracy activist and former owner of Apple Daily, was sentenced to thirteen months in jail on 13 December 2021 for his participation in the annual Tiananmen Square Vigil in 2020.  

-Chow Hang-tung, the organiser of the annual Tiananmen Square Vigil, was sentenced to fifteen months in prison on 4 January 2022 for “inciting an unauthorised assembly”.

- The Hong Kong Government introduced a further charge against the prominent Hong Kong pro-democracy activist and former owner of Apple Daily newspaper, Jimmy Lai, and six other staff members of Apple Daily of conspiring to “print, publish, sell, offer for sale, distribute, display and/or reproduce seditious publications.”

-Owen Chow, a pro-democracy activist who was arrested as one of 47 pro-democracy candidates and organisers charged with conspiracy to commit subversion under the National Security Law, had his bail revoked on 13 January 2022.

- The former Democratic Party lawmaker Lam Cheuk-ting has been sentenced to four months in prison for disclosing the identity of a police superintendent who was under investigation by Hong Kong’s anti-corruption watchdog for his role in an attack in Yuen Long in 2019.

- The former student union president of the Chinese University of Hong Kong was arrested on 15 December 2021 for sharing a social media post by the pro-democracy activist Ted Hui calling for Hong Kongers to cast blank ballots or boycott the Legislative Council elections.

ACADEMIC FREEDOM ON LIFE SUPPORT

  •  On 23 December 2021, the University of Hong Kong removed the “Pillar of Shame” statue which commemorated the victims of the 1989 Tiananmen Square Massacre. 

  • Following the removal of the “Pillar of Shame”, the Chinese University of Hong Kong removed a pro-democracy sculpture called the “Lady of Liberty” from its campus on 24 December 2021.

THE STATE OF THE RULE OF LAW

  • Peng Jingtang, a general who led China’s “anti-terrorism” forces in the Xinjiang region has been appointed to head the People’s Liberation Army Garrison in Hong Kong. 

  • Hong Kong’s Security Minister, Chris Tang, has told Hong Kong’s Legislative Council that the Government’s plans to introduce Article 23 National Security Law will expand the definition of espionage in the Officials Secrets Ordinance. 

  • A report by Safeguard Defenders, a human rights NGO, has found that the Hong Kong Police and government officials are increasingly seeking to use INTERPOL to threaten and capture exiled pro-democracy lawmakers and activists.

  • Hong Kong’s Chief Justice Andrew Cheung has defended the continued detention of pro-democracy activists who still have not faced a trial under charges of “subversion” under the National Security Law. The Chief Justice said the courts should not sidestep necessary procedural steps ‘for the sake of having a speedy trial’.

  • Victor Dawes, the new chairman of Hong Kong’s Bar Association, has said that while the body would continue to speak out on issues regarding the rule of law, it should not be drawn into matters of political concern.

“PATRIOTS ONLY” LEGISLATIVE COUNCIL ELECTIONS

  •  It has been reported that only thirty percent of registered voters in Hong Kong voted in the “patriots only” Legislative Council elections which took place on 19 December 2021.  The low turnout came despite efforts by the Hong Kong Government to incentivise voters through the offering of free public transport, the arrest and criminalisation of individuals calling for a boycott or casting of blank ballots, and the opening of a polling station to allow Hong Kongers living in the mainland to vote.

  • Eric Tsang, Hong Kong’s Secretary of Mainland Affairs, has written to the Wall Street Journal attacking the paper for its coverage of the “patriots only” Legislative Council elections.

  • Analysis from the Hong Kong Free Press has found that over forty percent of foreign owned banks in Hong Kong cast a vote in the “patriots only” legislative council elections. Forty-six of the 114 electors in the financial functional constituency (which elects one member of the Legislative Council) were banks in based in Europe and America, including JP Morgan, Bank of America, Wells Fargo, Deutsche Bank, UBS, NatWest, and Commerzbank. 

  • The Chinese emblem has replaced Hong Kong’s bauhinia insignia in the main chamber of the Hong Kong legislature following the recent “patriots only” legislative council elections.

  • Reporting on the financial declarations of new Hong Kong lawmakers elected in the “patriots only” legislative council elections, has found that nearly half of the new lawmakers own property in mainland China.

  • The G7 has issued a statement of concern regarding the erosion of democratic elements of Hong Kong’s electoral system in the recent “patriots only” Legislative Council elections. The G7 countries including UK, USA, Canada, Germany, France, Italy, and Japan, reiterated its call for China to respect the Sino-British Joint Declaration and to restore confidence Hong Kong’s political institutions and democracy.

OTHER DEVELOPMENTS

  •  The European Parliament has passed a joint-resolution condemning the recent assault by Beijing on press freedom in Hong Kong, which has seen the closure of Stand News, Citizen News, and the arrest of a number of journalists and pro-democracy activists. It called on the Hong Kong Government to release all of political prisoners and withdraw proposed Article 23 National Security Legislation. It also urged the EU to implement lifeboat schemes, sanctions, suspend extradition treaties with Hong Kong and the PRC, issue visas for journalist and review support for Hong Kong’s seat at the WTO and the EU-Hong Kong bilateral customs agreement. 

  • A cross-party group of peers led by Lord Alton of Liverpool, Lord Patten of Barnes, and Lord Falconer of Thoroton have re-introduced an amendment to the Borders and Nationality Bill, which would allow Hong Kongers under 25 to register directly for the UK BNO Visa Scheme.

  • Catherine West MP, Labour’s Shadow Asia Minister, has called on the UK Government to review the MPs staff pensions investments in Chinese companies accused of complicity in gross human rights violations.

  • Canada’s Conservative Party Shadow Minister for Foreign Affairs, Michael Chong MP, and Shadow International Development Minister, Garnett Genius MP, have confirmed that the Canadian Conservatives will back the re-creation of the Canada-China Relations Committee. 

 

Briefing, NewsSam GoodmanHong Kong