United Nations rights expert urges China to review, reconsider Hong Kong national security law
Hong Kong Free Press
China should conduct a “review and reconsideration” of Hong Kong’s national security law to ensure it is “in compliance with China’s international human rights obligations,” A United Nations (UN) human rights expert has said.
Margaret Satterthwaite, the UN’s special rapporteur on the independence of judges and lawyers, wrote to China’s permanent representative to the UN Office in Geneva to raise concerns about the security legislation.
The security law, enacted in June 2020, “may interfere with the legal profession and the right to a fair trial,” the special rapporteur wrote in the letter dated last Wednesday.
“Provisions of the [security law] could undermine the independence of the Judiciary in the HKSAR and restrict access to justice in Hong Kong,” Satterthwaite wrote.
She raised examples including the mechanism allowing the city’s chief executive to appoint national security judges, and national security cases proceeding without a jury.
The Hong Kong government’s latest plan to amend the Legal Practitioners Bill, which could restrict the participation of foreign lawyers in the city’s national security cases, “may effect the right of defendants to have a lawyer of one’s own choosing, as well as the right to judicial review of such decisions,” Satterthwaite wrote.
Under the administration’s latest proposal, overseas counsels not qualified to practise in Hong Kong must seek approval from the chief executive before applying to the city’s courts to take part in a national security case.
Should such approval be granted, Hong Kong courts would then have to seek certification from the chief executive on whether the participation of the foreign counsel would harm national security.
The UN special rapporteur urged China to review the proposed amendment, as well as the security legislation.
“I recommend review and reconsideration of the National Security Law to ensure that the law is in compliance with China’s international human rights obligations with respect to the HKSAR,” Satterthwaite wrote.
Following a year of pro-democracy protests and unrest, Beijing inserted the national security legislation directly into Hong Kong’s mini-constitution – bypassing the local legislature.
It criminalised subversion, secession, collusion with foreign forces and terrorist acts, which were broadly defined to include disruption to transport and other infrastructure.
The move gave police sweeping new powers, alarming democrats, civil society groups and trade partners, as such laws have been used broadly to silence and punish dissidents in China. However, the authorities say it has restored stability and peace to the city.
HKFP has reached out to the Department of Justice for comment.
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