A group of United Nations (UN) experts have said they were “very troubled” over the trial relating to 47 pro-democracy figures under the national security law. They called on China to review the legislation to ensure it adhered to its human rights commitments to the city.
The use of mass trials in national security cases in Hong Kong may undermine the practices for ensuring due process and the right to fair trial, four UN special rapporteurs said in a statement released on Monday.
Their remarks came as the independent experts raised concern over the closely-watched national security case, in which 47 democrats stand accused of taking part in a conspiracy to commit subversion.
At the centre of the case was an unofficial legislative primary election held in July 2020, which aimed to help the pro-democracy camp select the strongest candidates and win a majority in the then-70-seat legislature.
The poll was part of a plan to subvert state power, prosecutors have argued, saying the democrats had intended to abuse legislative powers to indiscriminately veto bills, forcing the chief executive’s resignation and a government shutdown.
A total of 16 defendants who denied the charge have sat in court for 115 days since early February, when the trial began. In August, the proceedings were adjourned to late November for prosecutors and defence lawyers to prepare closing arguments.
The remaining 31 democrats, most of whom have been detained for more than two and a half years, are awaiting sentencing after entering guilty pleas. They all face up to life imprisonment.
“We have expressed our concerns about the NSL to China in the past. We are very troubled about the use of mass trials in NSL cases and how they may negatively affect safeguards that ensure due process and the right to fair trial,” the experts said.
A government spokesperson said in a statement on Monday that the authorities strongly opposed the “erroneous remarks” made by the UN experts. People should refrain from commenting on or interfering with the ongoing court case, they added.
The four UN experts were Margaret Satterthwaite, special rapporteur on the independence of judges and lawyers; Fionnuala Ní Aoláin, special rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism; Clément Nyaletsossi Voule, special rapporteur on the rights to freedom of peaceful assembly and of association; and Irene Khan, special rapporteur on the promotion and protection of the right to freedom of opinion and expression.
They were part of the Special Procedures of the UN Human Rights Council, a body consisting of independent experts who “report and advise on human rights from a thematic or country-specific perspective,” according to the UN.
Arrest warrants for overseas activists
The four experts also pointed to the arrest warrants issued by the Hong Kong government in early July against eight overseas Hongkongers. They were ex-lawmakers Ted Hui and Dennis Kwok; activists Nathan Law, Anna Kwok, Elmer Yuen, Mung Siu-tat and Finn Lau; and solicitor Kevin Yam.
They were accused of breaching the Beijing-enacted security legislation by calling for sanctions on Hong Kong and China, meeting foreign officials, attending international hearings and organising a shadow parliament, among other overseas lobbying acts.
Police placed HK$1 million bounties on each of their heads, vowing to identify their whereabouts and be prepared to make “effective arrests” in case they ever returned to the city.
“The charges appear to seek to punish statements allegedly made by each individual criticising the Chinese government’s policies and their activities in support of democracy in Hong Kong,” the UN experts said on Monday.
They added that professional misconduct complaints against barrister Kwok and solicitor Yam appeared to be aimed at preventing the two from doing their jobs without intimidation and harassment.
Following the arrest warrants and bounties issued, family members of the wanted activists were reportedly questioned by Hong Kong’s national security police. Some were asked whether they had been in touch with the activists and if there had been any financial transactions between them.
The government also defended police actions against the wanted activists in a statement on Monday. The UN experts’ comments “completely disregarded the facts,” the spokesperson said, adding it was an international norm for law enforcement agencies to disclose the details of wanted fugitives.
As of September 15, 279 people had been arrested for suspected acts and activities that endangered national security since the legislation was enacted, the Security Bureau told HKFP last month. Among them, 162 people and five companies had been charged under the national security law or the sedition law, or with other crimes.
Among the 90 people who have been convicted or are awaiting sentencing, 30 were charged under the national security law.
In June 2020, Beijing inserted national security legislation directly into Hong Kong’s mini-constitution – bypassing the local legislature – following a year of pro-democracy protests and unrest. It criminalised subversion, secession, collusion with foreign forces and terrorist acts, which were broadly defined to include disruption to transport and other infrastructure. The move gave police sweeping new powers, alarming democrats, civil society groups and trade partners, as such laws have been used broadly to silence and punish dissidents in China. However, the authorities say it has restored stability and peace to the city.
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