The United Nations Special Rapporteur on counter-terrorism and the protection of human rights, Fionnuala Ni Aolain, and seven other UN experts posted a joint letter on the UN Human Rights Office website on Friday (September 4), expressing grave concern that the Hong Kong version of the National Security Law does not comply with international law and seriously undermines the independence of judges and lawyers in Hong Kong, as well as fundamental rights such as freedom of expression. The joint letter was sent to the Chinese government on Tuesday in a rare move by experts.
In particular, the legislation “lacks precision in key areas and infringes on certain fundamental rights” and does not meet international law’s standard that laws must be socially desirable, proportionate, and non-discriminatory.
The Hong Kong version of the National Security Law states: “The SAR Government or the National Security Agency may exercise jurisdiction over a case upon the initiative of the SAR Government or the National Security Agency, and upon approval by the Central Government. After the National Security Agency takes over the investigation of a case, the case will be prosecuted by the Supreme People’s Procuratorate and tried by the Supreme People’s Court of China. Proceedings such as investigation, examination and prosecution, trial and enforcement of penalties will be conducted in accordance with the Criminal Procedure Law of the People’s Republic of China and other laws.”
The joint letter made six demands of the Chinese government, including an explanation of how the Hong Kong national security law complies with the relevant provisions of human rights conventions and how to remedy the new law’s incompatibility with international human rights conventions, as well as an explanation of how it plans to implement “extraterritorial jurisdiction” under the Hong Kong version of the national security law. Experts ask the Chinese government to review the new law and reconsider how to bring it into compliance with international human rights conventions.
China warned UN experts on Friday (September 4) not to interfere in China’s internal affairs. China’s Foreign Ministry spokeswoman Hua Chunying said at a regular press conference that “some people ignore the facts, maliciously slander China’s human rights situation, openly politicize human rights issues and grossly interfere in China’s internal affairs, which is a serious violation of the mandates and code of conduct of human rights special mechanisms. Hua Chunying asked UN experts to “stop interfering in any way in the affairs of Hong Kong and China’s internal affairs”.
Hong Kong’s controversial national security law, enacted in late June and early July of this year, criminalizes incitement, secession, subversion of state power, and collusion with foreign powers. Mainland Chinese security agencies are officially allowed to be headquartered in Hong Kong.
Hong Kong’s version of the national security law has been accused of undermining one country, two systems, undermining human rights, and being a blow to Hong Kong’s autonomy and civil liberties. Statistics show that since the new law took effect two months ago, Hong Kong police have prosecuted more than 20 people, almost all of them media, pan-democratic legislators and social activists.
China has stated that the purpose of the Hong Kong National Security Law is to plug legal loopholes in the HKSAR’s national security laws and to prevent, stop, and punish four types of criminal acts that seriously endanger national security, punishing a very small minority and protecting the vast majority. China stated that the rights and freedoms enjoyed by HKSAR residents in accordance with the law are not affected in any way, and are therefore generally supported and welcomed by Hong Kong residents.
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