Hong Kong: Arrests under Security Law, a serious concern

The quality rights lawyer, who was arrested connected 8 September, was a subordinate of the Hong Kong Alliance, an advocacy radical which organized an yearly candlelight vigil marking the 1989 protests successful Tiananmen Square.

Several different activists person been likewise arrested and charged nether the National Security Law.

The instrumentality came into unit astatine the extremity of June past year, giving Chinese cardinal authorities greater powerfulness and power implicit each aspects of beingness successful Hong Kong.

“Terrorism and sedition charges are being improperly utilized to stifle the workout of cardinal rights, which are protected nether planetary law, including state of look and opinion, state of peaceful assembly and the close to enactment successful nationalist affairs”, the Special Rapporteurs said, urging authorities to refrain from the utilizing the National Security Law and to reconsider its application.

Incompatibilities 

In a written analysis, the experts elaborate their concerns astir the National Security Law successful the Hong Kong Special Administrative Region to the Government of China, highlighting the law’s cardinal incompatibility with planetary instrumentality and the country’s quality rights obligations.

The UN experts besides raised their concerns implicit the qualification concerning the complaint of “foreign agent”, nether the Law, successful which notation is made to backing received from overseas Governments and activities benefitting them.

The Special Rapporteurs called connected China to guarantee that associations tin seek, person and usage backing from overseas oregon planetary sources, without undue impediments.

“Such regulatory measures, by imposing undue restrictions connected backing and punishing recipients of overseas funding, infringe connected the close to freedom of relation arsenic good arsenic different quality rights”, argued the experts.

Keep standards intact

Terrorism and subversion of nationalist information are profoundly superior offences that are strictly defined nether planetary law, the experts reminded the Government.

“These labels should not beryllium applied to offences that bash not conscionable the thresholds provided for successful existing planetary standards”, they said, informing that doing so, “undermines the integrity of these ineligible standards weakening binding planetary instrumentality norms crossed some quality rights and planetary bid and security”.

 Moreover, erstwhile Governments improperly usage them to warrant quelling home dissent, limiting protests and curbing disapproval by civilian nine and quality rights defenders, the experts maintained that it cheapens the seriousness of violent acts and sedition offences, which they called “deeply troubling”.

Just process

Applying the National Security Law besides raises just proceedings concerns, the experts said, according to the quality merchandise from rights office, OHCHR, highlighting that a justice doubly denied Ms. Chow bail connected the grounds that she would proceed to endanger nationalist security, if released.

The justice besides refused to assistance reporting restrictions, stating that it was not successful the involvement of justness if the media covered the hearing.

The experts encouraged the Government to urgently repeal and independently reappraisal the National Security Law to guarantee it is some quality rights and planetary instrumentality compliant.

“There needs to beryllium a reinvigoration of an autarkic judiciary successful Hong Kong, a intermission successful applying this law, and a cardinal reconsideration of its use”, they said.

Right experts

Special Rapporteurs are appointed by the Geneva-based UN Human Rights Council to analyse and study backmost connected a circumstantial quality rights taxable oregon a state situation. They are not UN staff, nor are they paid for their work.

The Special Rapporteurs who participated successful this connection were Fionnuala Ní Aoláin, on the promotion and extortion of quality rights portion countering terrorism; Clément Nyaletsossi Voule, on the rights to state of peaceful assembly and of association; Irene Khan, on the promotion and extortion of the close to state of expression; and Mary Lawlor, on the concern of quality rights defenders.