Cancelling Hong Kong democracy activists’ passports not a breach of UN rights treaty, security chief says
Hong Kong Free Press
The government has not violated a UN human rights treaty that protects people’s freedom of movement by cancelling the passports of six UK-based Hong Kong activists, the city’s security chief has said.
Security for Security Chris Tang on Wednesday defended the authorities’ move to axe the passports of Nathan Law, Christopher Mung, Finn Lau, Simon Cheng, Johnny Fok and Tony Choi. The six are wanted by authorities under the national security law.
He said UK politicians had been “slandering” the Hong Kong government since the national security law was enacted, and that the UK had been offering protection to the six people while they continued to endanger national security. The UK had also arrested three people linked to a Hong Kong government trade office in London under a British national security law, Tang said, citing the Chinese embassy in the UK which called the case “fabricated.”
Asked by a reporter whether cancelling passports ran counter to the UN’s International Covenant on Civil and Political Rights, of which Hong Kong is a signatory, Tang said no.
“There is absolutely no contravention to the covenants that you have quote[d],” Tang said. “According to all those covenants… there are exceptions because of national security grounds.”
Tang added: “This is not just applicable to Hong Kong. It applies to all civilised society.”
Lau, one of the activists, tweeted that he holds only a British National (Overseas) passport and has never owned, nor applied for, a Hong Kong passport. “It is ridiculous to cancel something that never exists,” he wrote.
Tang did not respond directly to a reporter’s question about how many of the six UK-based activists held Hong Kong passports. He said the measure also barred them from applying for Hong Kong passports in the future.
The government announced on Wednesday morning that it was exercising powers under Article 23 – the city’s new homegrown national security law – to label Law, Mung, Lau, Cheng, Fok and Choi as “specified absconders.” The designation allows authorities to cancel their Hong Kong passports, bar them from buying or renting property in the city, and forbid others from engaging in financial transactions with them, among other measures.
The city passed Article 23 in March after fast-tracking it through the Legislative Council, which has been stripped of opposition since an electoral reform three years ago ensured only those deemed “patriots” by the authorities can run.
The law targets treason, insurrection, sabotage, external interference, sedition, and theft of state secrets and espionage. Similar to the Beijing-imposed national security law, offenders face up to life in prison.
Wanted activists
The six activists are among 13 police issued arrest warrants for under the Beijing-imposed national security law last year, first in July and again in December. They were accused of offences including subversion and collusion with foreign forces.
The others include ex-lawmakers Ted Hui and Dennis Kwok, solicitor Kevin Yam, and activists Joey Siu and Frances Hui. They are based in the US and Australia.
National security police placed HK$1 million bounties on their hands, appealing for members of the public to come forward with information that could lead to their arrest.
The Hong Kong-based family members of some of the activists have been taken in for questioning by national security police after authorities sought their arrests.
Regarding the other activists, Tang said on Wednesday that the authorities would “review the situation from time to time” and take action when needed.
Tang emphasised that it was an offence to give funds to people specified as absconders, or handle funds linked to them.
When asked by a reporter whether it was illegal to be members of activists’ subscription-based platforms such as Patreon or YouTube, Tang said: “It is a violation of our rules for anybody using any any means, regardless of platform, to provide funds to these people or help them handle funds.”
A woman arrested under Article 23 in late May in a case related to activist Chow Hang-tung was also suspected of violating the Beijing-imposed security legislation by funding Law. The woman was accused of “providing pecuniary or other financial assistance or property for the commission of secession by other persons.”
Beijing imposed a national security law in Hong Kong following months of protests that began in the summer of 2019, when demonstrators opposed a controversial extradition bill that would have allowed the transfer of fugitives to mainland China for trial. The unrest grew into protests against the Hong Kong Kong and Beijing authorities, as well as allegations of police’s use of excessive force.
Dozens of civil society organisations disbanded in the wake of the legislation, citing a chilling effect. Meanwhile, scores of activists have emigrated abroad and continued their advocacy overseas.
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