In January 2024, the UN Human Rights Council is set to conduct the “Universal Periodic Review” on China and Hong Kong’s human rights situation. On July 18, The Hong Kong Centre for Human Rights (HKCHR), an overseas Hong Kong human rights organization, submitted a written report to the Council detailing the human rights situation in Hong Kong since the last review in 2018. The report calls on the Chinese Communist Party (CCP), and the Hong Kong government to abolish the National Security Law and the sedition offense and to cease all prosecutions related to the exercise of the freedom of speech.
Established in 2006, the “Universal Periodic Review” requires all UN member states to undergo a periodic review every four to five years and respond to recommendations and progress reports from other member states. From January 22 to February 2, 2024, the UN Human Rights Council will hold its 45th session of the “Universal Periodic Review,” which will include an examination of the human rights situation in China, including Hong Kong and Macau.
The 11-page report submitted by the HKCHR focuses on nine major human rights issues: national security, police violence, rule of law, freedom of assembly, freedom of association, freedom of speech, press freedom, political participation rights, and immigration detention. During the last review, other countries made numerous recommendations on these issues.
HKCHR points out that 18 accepted recommendations have yet to be genuinely implemented or executed by the Chinese authorities, with some areas even experiencing setbacks. For instance, China accepted France’s recommendation to ensure freedom of speech, assembly, and association in Hong Kong, but these freedoms have been severely violated in recent years.
The report also criticizes the CCP for failing to implement previous review recommendations to maintain the “One Country, Two Systems” principle and failing to clearly define “national security.” Since the implementation of the “Hong Kong National Security Law” (NSL) on June 30, 2020, around 100 civil society organizations have disbanded or left Hong Kong. As of April 2023, 250 people, including pro-democracy politicians, peaceful protesters, and journalists, have been arrested on charges related to the NSL, with 151 facing prosecution. As of March 31, 100 NSL defendants had been denied bail and detained pending trial, some for over two years.
Report Calls for Abolishing the National Security Law and Sedition Offense
Furthermore, the report notes that a wide and arbitrary interpretation of the NSL affects court trials and warns that pressuring the government on environmental issues may be deemed as “endangering national security.”In 2020, the Court of First Instance of the High Court ruled that the police complaints mechanism did not meet the standard of independent investigation required by Article 7 of the International Covenant on Civil and Political Rights. However, the Hong Kong government has not implemented reforms since the ruling. HKCHR criticizes the current complaint mechanism for not providing legal protection against self-incrimination when complainants or witnesses provide evidence to the police, making citizens reluctant to lodge complaints or assist in investigations.
Regarding freedom of assembly, association, and expression, the CCP and the Hong Kong government still need to implement previous review recommendations. During 2022-2023, pro-democracy activists were harassed and warned before significant dates like “July 1” and “June 4” anniversary events. The police unreasonably demanded that protest organizers ensure public order, leading to the cancellation of some events. On June 4, the Hong Kong government deployed 6,000 police officers to intercept citizens wearing black and carrying flowers, resulting in five arrests and 23 detentions. As of March 31, 104 people were charged with “sedition offenses,” the report contends that the government has used the law to suppress media organizations, journalists, authors of children’s books, and publishers.
In terms of the political system, Hong Kong’s election process in 2021 saw further erosion of democratic elements. The “Election Committee,” composed of 1,500 non-elected members, nominated and appointed 40 members to the Legislative Council. The number of directly elected seats in the Legislative Council was drastically reduced from 35 to 20. All candidates must be vetted by national security police and the newly established “Qualification Review Committee,” essentially preventing any pro-democracy individuals from running in elections without the approval of the CCP.
The HKCHR urges the CCP and the Hong Kong government to fulfill their obligations under international human rights law and implement the recommendations of various UN human rights mechanisms. This includes abolishing the National Security Law and sedition offense, establishing an independent mechanism with sufficient powers to investigate all complaints against the police’s misconduct in Hong Kong, and protecting lawyers representing diverse political views from harassment, intimidation, and attacks, among others.
