Hong Kong Watch Patrons call for the release of activist’s father detained in Hong Kong

On 7 May, five Hong Kong Watch Patrons from the US and UK, all leading authorities on democracy, human rights and the rule of law, condemned the arrest of the father of pro-democracy activist Anna Kwok by the Hong Kong Police Force, and called for his immediate release. Mr Kwok is currently in custody with a bail hearing scheduled for tomorrow, 8 May. 

On 2 May, the Hong Kong Police Force stated that they had arrested and charged Kwok Yin-sang, 68, with attempting to handle funds or financial assets belonging to a wanted individual. This marks the first use of Hong Kong’s Safeguarding National Security Ordinance (SNSO, also known as Article 23) to arrest family members of overseas activists. Ms Kwok’s brother was also arrested, but released without charge. 

Under Article 90 of the SNSO, dealing with funds belonging to ‘absconders’, referring to exiled activists, is a crime punishable by up to seven years in prison upon conviction. 

The SNSO has been condemned by lawmakers and human rights groups around the world for its violation of the Basic Law, Hong Kong’s mini-constitution, as well as Hong Kong’s obligations under international human rights law. It has also drawn criticism for its draconian sentencing, its expansive extraterritorial application, its vague and extensive definition of ‘state secrets’, and its explicit targeting of overseas pro-democracy activists and foreign NGOs.

The Hong Kong government has also repeatedly harassed family members of exiled activists, most recently summoning the relatives of Chung Kim-wah, Carmen Lau and Frances Hui for questioning, and previously raiding the homes of Nathan Law, Christopher Mung, Dennis Kwok, Elmer Yuen and Simon Cheng. The authorities also questioned Anna Kwok’s parents in August 2023. The tactic of harassing family members of wanted individuals is commonly employed in Mainland China, where it is known as ‘persuade to return’. 

Hong Kong Watch’s Patrons jointly call on the Hong Kong government to release Kwok Yin-sang, and on governments around the world to pressure the Hong Kong government for his immediate release. 

Ambassador Sam Brownback, former United States Ambassador-at-Large for International Religious Freedom and US Patron of Hong Kong Watch:

“We have sadly become all too accustomed to the persecution of activists and their families under the new regime in Hong Kong. These new arrests, however, prove that the Hong Kong government is sinking to yet new lows in its determination to extinguish all pro-democracy advocacy on Hong Kong, no matter where it is conducted. The US government must now move to protect Ms Kwok, a US resident, and put pressure on the Hong Kong government to release her father from custody.”

Ambassador Derek Mitchell, former President of the National Democratic Institute and US Patron of Hong Kong Watch:

“With these arrests, the Hong Kong government is increasingly aping the repressive practices of the CCP. The use of collective punishment and ‘persuade to return’ tactics are antithetical to the fundamental rights and freedoms promised to Hong Kong by the PRC. The US government must urge the Hong Kong government to immediately release Ms Kwok’s father and cease all arrests made under Article 23 legislation.”

Lord Patten of Barnes, the last UK Governor of Hong Kong and UK Patron of Hong Kong Watch:

“These arrests are a sad new low for the state of the rule of law in Hong Kong. Ms Kwok’s father and brother are targeted simply because of their relationship to a prominent pro-democracy activist, and in the hope that by holding her father in custody, Ms Kwok will be intimidated into silence. Her father must be released immediately.” 

Lord Alton of Liverpool, Chair of the UK Parliament Joint Committee on Human Rights and UK Patron of Hong Kong Watch:

“These arrests are outrageous and a clear example of transnational repression aimed at intimidating overseas activists. However, sadly, they cannot be seen as anything other than Article 23 legislation working as intended. The law has been drafted precisely to enable the Hong Kong government to target the families of overseas activists in this way. 

“Governments around the world must do more to tackle transnational repression at the source and put pressure on the Hong Kong government to immediately repeal this fundamentally repressive and unjustifiable law.” 

Sir Geoffrey Nice KC, barrister, chair of the China Tribunal and the Uyghur Tribunal and UK Patron of Hong Kong Watch

“Ms Kwok’s father has been charged with a crime tailor-made for the harassment of individuals called ‘absconders’ by the Hong Kong government, but who are recognised by the rest of the world as peaceful pro-democracy activists living in exile. The purpose is self-evidently to persecute those beyond Hong Kong’s borders by targeting family members in their place. Governments must now demand that the Hong Kong government cease such arrests, and that Ms Kwok’s father is released at once.”

海外港人郭鳯儀父親被控23條「處理潛逃者資金」罪還押 香港監察贊助人呼籲立即放人

5月7日，五位來自美國和英國的香港監察贊助人譴責香港警方拘捕居美社運人士郭鳯儀的父親郭賢生，呼籲立即釋放他。五人同為民主、人權和法治領域的權威。郭父正被還押，保釋申請訂於明天（5月8日）開庭處理。

5月2日，香港警方國安處表示動用《維護國家安全條例》（俗稱23條）中的「處理屬於有關潛逃者的資金」罪，拘捕被通緝人士郭鳯儀的父親和兄長。郭父被落案起訴，郭兄則獲准保釋候查。這是首宗引用23條拘捕海外社運人士家人的案例。

香港監察贊助人同聲呼籲香港政府釋放郭賢生，並呼籲世界各國政府向香港政府施壓，要求立即放人。

前美國國際宗教自由事務無任所大使、美國香港監察贊助人Sam Brownback：

「遺憾的是，我們已經對香港新政權迫害社運人士及其家人的行徑習以為常。然而，這新一輪拘捕行動表明，香港政府決心進一步消滅所有香港民主倡議活動，無論這些活動在何地展開。美國政府現在必須採取行動保護美國居民郭鳯儀，並向香港政府施壓，要求釋放她的父親。」

前美國國際民主協會會長、美國香港監察贊助人Derek Mitchell：

「香港政府正透過這些拘捕行動，日漸模仿中共的打壓做法。利用連坐懲罰和『勸返』手段與中國承諾給予香港的基本權利和自由背道而馳。美國政府必須促請香港政府立即釋放郭鳯儀的父親，並停止所有根據23條所作的拘捕行動。」

英國最後一任香港總督、英國香港監察贊助人彭定康勳爵（Lord Patten of Barnes）：

「這些拘捕行動顯示香港法治狀況跌至新低，實在令人難過。郭鳯儀的父親和兄長純粹因為他們與某知名社運人士的關係而被針對，當局希望透過羈押郭父恐嚇郭鳯儀，迫使她噤聲。她的父親必須立即獲釋。」

英國國會人權聯合委員會主席、英國香港監察贊助人奧爾頓勳爵（Lord Alton of Liverpool）：

「這些拘捕行動令人憤慨，亦是跨國鎮壓的明顯例子，旨在恐嚇海外社運人士。然而，遺憾的是，這些行動純粹顯示23條如預期般發揮作用。草擬23條正是為了讓香港政府能夠以這種方式針對海外社運人士的家人。

世界各國政府必須採取更多措施，從源頭對付跨國鎮壓，並向香港政府施壓，要求立即廢除這項根本上就高壓無理的法律。」

英國御用大律師、中國法庭暨維吾爾特別法庭主席、英國香港監察贊助人尼斯爵士（Sir Geoffrey Nice）：

「郭鳯儀的父親被控干犯香港政府為騷擾『潛逃者』而度身訂造的罪行，但世界其他國家都認為這些人士是流亡海外的和平民主活動人士。港府的目的不言而喻，就是透過針對身處香港境外人士的家人來迫害他們。各國政府現在必須要求香港政府停止展開這類拘捕行動，並要求馬上釋放郭父。」