UN human rights experts raise concerns over Hong Kong’s national security law
Human rights experts at the United Nations have written to China to express their concerns that Hong Kong’s national security law lacks precision in key respects and infringes on certain fundamental rights.
The experts also said the law may not meet the required standards of necessity, proportionality and non-discrimination under international law.
The 14-page letter, dated Tuesday, was written by Fionnuala Ní Aoláin, special rapporteur on protecting human rights and freedoms while countering terrorism, alongside six other U.N. experts.
“We recommend review and reconsideration of this legislation to ensure that the law is in
compliance with China’s international human rights obligations with respect to the HKSAR,” they wrote in the letter, which was made public on Friday.
They expressed concern over the broad scope of crimes defined as secession and subversion, and also drew attention to the curtailment of freedoms posed by the national security law.
“The use of the National Security Law’s terrorism measures should be strictly limited to address conduct which is genuinely terrorist in nature and should not be used to restrict or limit protected fundamental freedoms, including the rights to opinion, expression, and of peaceful assembly,” the letter said.
The U.N. experts highlighted the provisions which could undermine the independence of judges and lawyers, calling them “broad and imprecise.” They also asked China to provide information on how it intends to enforce the extra-territorial jurisdiction of the law.
It was reasonable for U.N. experts to be alarmed by the national security law since it has been written in confusing legal language, said Jimmy Sham, convener of the Civil Human Rights Front, which organized millions-strong pro-democracy marches last year.
Although the law contains provisions protecting human rights, it also has a provision stating that decisions made by the Committee for Safeguarding National Security could not be challenged by a judicial review, Sham said. Those suspected of violating the law would also not enjoy the rights of an open trial and could be sent to courts in mainland China, which Sham said was an infringement of their rights.
Sham said it has become riskier for his organization to organize public events under the vague provisions listed under the national security law. For instance, if participants violate the law at an event, the CHRF may also be deemed culpable for not stopping them.
Sham said the full effects of the law may not be immediately apparent, but Hongkongers should do what they can to defend their rights.
A government spokesperson told Apple Daily that the government opposes any foreign interference in China and Hong Kong’s internal affairs. It said it is the international norm and duty for countries to safeguard their national security through legislation.
The spokesperson said the U.N. special rapporteur acknowledged that the national security law has a provision on the need to protect human rights and fundamental freedoms, and that the government will follow section 4 of the national security law to protect human rights.
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