Hong Kong’s no.2 official defends city’s human rights record at UN review, as NGOs urge repeal of security law
Hong Kong Free Press
Hong Kong’s no.2 official has defended the national security law at a review of United Nations member states’ human rights records, as national representatives and rights NGOs called for the Beijing-imposed legislation to be repealed.
A total of 162 stakeholders made submissions for China’s Universal Periodic Review, a meeting of the UN’s Human Rights Council that calls on UN member states to undergo a peer review of its human rights records every 4.5 years.
China’s review includes Hong Kong and Macau, which the UN considers to be “specific regions or territories” of China.
Amnesty International UK said in its submission that Hong Kong authorities had used “vague national security and sedition charges,” including but not limited to the national security law, to “remove all political opposition, undermine long-established means of scrutinizing, critiquing, and trying to influence government actions, and criminalise various kinds of expression, association, and advocacy.”
Amnesty closed its Hong Kong offices in October 2021 citing concerns over the security law.
Eleven NGOs including the Washington-based Committee for Freedom in Hong Kong Foundation, Hongkongers in Britain, the Edinburgh-based Hong Kong Scots, the Geneva-based International Service for Human Rights, and Hong Kong Watch in the UK recommended that Hong Kong repeal the national security law.
That was among other recommendations including restoring defendants’ right to choose their own lawyer, ensuring defendants undergo a trial by jury in all national security cases, restoring the presumption of bail in security law cases, and stopping all acts of “intimidation, harassment and attacks on human rights lawyers”.
The Paris-based Reporters Without Borders called on Hong Kong to release 13 detained journalists and “press freedom defenders” including media mogul Jimmy Lai, and to “end all legal harassment and intimidation of journalists and strive to protect journalists
from all forms of violence, pressure, discrimination, and unfair legal proceedings.”
The Hong Kong Democracy Council recommended that Hong Kong abolish the electoral overhauls that excluded the opposition and urged the city to “protect citizens’ right to political participation regardless of their political ideology in line with international standards[.]”
It also called for the implementation of full democracy.
The Washington-based HKDC’s executive director is Anna Kwok, one of 13 self-exiled activists wanted by the Hong Kong national security police, with authorities offering a bounty of HK$1 million for each democrat.
A panel of Special Rapporteurs — independent experts called to the UN to monitor and advise on human rights — on Monday called on Hong Kong to repeal the national security law, which was unilaterally imposed by Beijing in 2020, bypassing the local legislature, following a year of pro-democracy protests and unrest.
Human rights in Hong Kong
A total of 19 countries – including Canada, Czechia, Denmark, France, Germany, Ireland, Japan, Luxembourg, Liechtenstein, Lithuania, The Netherlands, New Zealand, Switzerland, Sweden, the UK, the US, Australia, Austria, and Belgium – made recommendations relating to human rights conditions in Hong Kong at the UPR.
Canada and New Zealand called on Hong Kong and China to fulfil its commitments under the International Covenant on Civil and Political Rights, while Ireland, Japan, and New Zealand called for the full ratification of the covenant.
Switzerland recommended that the city “harmonise” the national security law with the International Covenant on Civil and Political Rights (ICCPR), with several others calling on Hong Kong to ensure that human rights were in line with international human rights law.
Canada, Czechia, New Zealand, the UK, the US, and Australia called for the repeal of the national security law, with the US recommending Hong Kong repeal “vague national security, counter-espionage, counter-terrorism, and sedition laws, including the National Security Law[.]”
Eric Chan: Hong Kong ‘back on track’
Chief Secretary Eric Chan, attending the meeting as Deputy Head of China’s delegation to the human rights council, said stability and law and order had been “restored” following the implementation of the security legislation and an electoral overhaul.
“[O]ur city is back on track,” Chan said in his opening remarks. “Our people can continue to enjoy the legitimate rights and freedoms guaranteed by our country’s Constitution, the Basic Law, as well as the relevant provisions of international covenants that apply to Hong Kong.”
Eric Chan’s remarks on Hong Kong’s human rights record – click to view
Mr President,
Various comments and concerns on Hong Kong were raised today. However, some of these clearly come from misconceptions and a lack of understanding about our real situation. I am pleased to explain.
No country will watch with folded arms in the face of acts and activities that endanger national security. For those who doubted the need for the Hong Kong National Security Law, let me bring you back to the darkest times of Hong Kong in 2019. Violent and random assaults took place on our streets like never before. Thousands of petrol bombs were thrown; public property was destroyed; traffic was brought to a standstill; and law enforcement officers were viciously attacked. Our community was traumatised. Radical forces blatantly advocated “Hong Kong independence” and sought foreign interference, jeopardising our nation’s sovereignty, security and development interests.
The Hong Kong National Security Law was enacted precisely to tackle this situation: to bring back stability, security, as well as the rights and freedoms which people in Hong Kong had been deprived of during such a period of serious violence. Its implementation has played an important role, allowing Hong Kong residents to return to their peaceful and prosperous way of living.
Fundamental rights and freedoms, including freedom of speech and of the press, etc, are guaranteed by the Basic Law at the constitutional level. Article 4 of the Hong Kong National Security Law clearly stipulates that human rights shall be respected and protected in safeguarding national security. Any measures or enforcement actions taken under the Hong Kong National Security Law must observe this principle.
Many rights and freedoms are not absolute, and the ICCPR (International Covenant on Civil and Political Rights) clearly states that they can be restricted by law where necessary to ensure national security or public order, or to protect the rights and freedoms of others. As a matter of fact, Hong Kong fully complies with all applicable provisions of the ICCPR and other relevant international covenants.
Law enforcement actions are taken strictly in accordance with the law, including the protection of fundamental rights. Such actions are entirely based on available evidence and applicable law, and have nothing to do with a person’s background, occupation or political stance.
I wish to make it clear that it is inappropriate to comment on, or interfere with, the ongoing legal proceedings which were mentioned today. Judges decide national security cases independently in accordance with the law. The suggestion that certain individuals or groups should be immune from legal consequences for their illegal acts is no different from advocating a special pass to break the law. This totally runs contrary to the spirit of the rule of law.
It is the legitimate right and duty of every state to safeguard its national security, and to do so by enacting laws is in line with international practice. In fact, it is our constitutional responsibility to enact local legislation to safeguard national security. The provisions of the Basic Law, including those on the protection of human rights, will be fully observed when we take forward the legislative exercise.
Mr President, the HKSAR Government is firmly committed as ever to the protection of human rights and always seeks to make improvements suited to Hong Kong’s realities. We have expanded support for women, children, the elderly, the disadvantaged, the ethnic minorities, our imported workers, etc; and we have emerged from challenges with even greater strengths. With the strong support from our country, we will continue to better harness our unique institutional strengths in a new chapter from stability to prosperity. Thank you.
Chan hit back at criticism of Hong Kong’s human rights situation at the end of the session, saying that they “clearly come from misconceptions,” as he recounted the protests and unrest that erupted in June 2019 over a since-axed extradition bill.
“Radical forces blatantly advocated Hong Kong independence and sought foreign interference, jeopardising our nation’s sovereignty, security and development interests,” he said, despite independence for the city not being among the five core demands of the 2019 movement.
Chan added that rights and freedoms were “not absolute,” and maintained that Hong Kong was fully compliant with the ICCPR.
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