The United Nations Special Rapporteur on counter-terrorism and the protection of human rights, Fionnuala Ni Aolain, along with six other UN experts, sent a rare joint letter to the Chinese government on Tuesday (September 1), 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 seven experts indicated that they would make the letter public on the website of the United Nations Human Rights Office 48 hours later today (September 4). The letter contains a detailed analysis of the Hong Kong version of the National Security Law and raises questions about many of its articles.
The letter first points out that the Hong Kong version of the National Security Law does not comply with China’s legal obligations under international law, especially as 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 legal provisions.”
The joint letter questioned the “sending to China” and stated that this means that the PCPD can unilaterally initiate the relevant procedures and the Hong Kong government has no right to object. This undermines the principle of judicial independence in Hong Kong guaranteed by the Basic Law, and also undermines the independence of judges and lawyers in Hong Kong.
The letter argues that although the Hong Kong version of the National Security Law states that the rights of Hong Kong people under the two International Covenants on Human Rights will be protected, in practice it seriously challenges the basic human rights and protection mechanisms of Hong Kong people.
The law should not be used to limit or restrict protected fundamental freedoms, including the rights to freedom of expression and peaceful assembly,” the letter states.
The seven experts also questioned the “extra-city jurisdiction” in the National Security Law and asked Beijing for an explanation.
Under Hong Kong’s version of the National Security Law, any act defined by the Chinese government as secession, subversion of state power, terrorism, or collusion with foreign powers is punishable by a maximum penalty of life imprisonment.
The experts said, “We are particularly troubled that this legislation should not be used to limit or restrict protected fundamental freedoms, and that it could seriously infringe on the rights to freedom of speech, expression and peaceful assembly.”
Zhou Ting, a former leading member of Hong Kong’s Public Opinion Movement, said that Hong Kong’s democrats have been “silenced. She said, “I hope the whole world, not just the whole of Hong Kong, will know that the National Security Law is not actually a legal thing, but a political tool of the regime, a tool used by the government to suppress political dissent.
On August 10, the Hong Kong police arrested 10 people for “allegedly violating the National Security Law” and sent more than 200 police officers to conduct a large-scale search of the Next Media Building. The incident shocked Hong Kong people and the international community. Among the 10 people arrested is former Hong Kong Public Opinion member Zhou Ting. She and Wong Chi-fung were both key student leaders of the Umbrella Movement for genuine universal suffrage in 2014. The Hong Kong Public Chi was disbanded after the National Security Law took effect.
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