CIVICUS, a global civil alliance and the Asia Democracy Network (ADN) are extremely disturbed by reports that seven people have been arrested under a new security law for alleged seditious intent, including imprisoned human rights defender Chow Hang-tung, who has been detained since September 2021. The arrests are the first under the repressive new security law, known as Article 23, and comes a week before 4 June, which this year will mark the 35th anniversary of the Tiananmen crackdown.
Six individuals were detained on 28 May 2024 and accused of publishing messages with seditious intent on social media commemorating “a sensitive day” (referring the Tiananmen crackdown anniversary) and allegedly violating section 24 of the security law. The police said the homes of the arrested were searched, and that electronic devices were seized. A seventh individual was detained the following day, also for sedition.
One of those facing charges is eminent human rights lawyer and pro-democracy activist Chow Hang-Tung. She was one of the four vice-chairs of the now-defunct Hong Kong Alliance in Support of the Patriotic Democratic Movement of China (HKA) that organised the Tiananmen vigils in Hong Kong.
She was detained in September 2021 and sentenced to a 12-month jail sentence for her involvement in the June 2020 Tiananmen vigil as well a 15-month jail sentence for “inciting others to participate” in the 2021 vigil, through her writings. Chow was also convicted and sentenced to 4.5 months in prison in March 2023 for "not complying with the requirement to provide information" on the Hong Kong Alliance under the draconian 2020 National Security Law (NSL). She is facing another trial for "inciting subversion of state power” under the same law.
In May 2023, the UN Working Group on Arbitrary Detention (WGAD) found the arrest and detention of Chow Hang-Tung arbitrary, saying that she was targeted for her human rights work and that her detention was in contravention of standards prescribed by the International Covenant on Civil and Political Rights (ICCPR) to which Hong Kong is a party.
”Application of the new security law against the seven individuals is indicative of the repressive environment for those exercising their civic freedoms in Hong Kong and the weaponisation of laws to target human rights defenders, journalists and critics. The additional charge brought against human rights defender Chow Hang-Tung who is currently in detention is appalling and is clearly aimed at punishing her further, for her activism.” said CIVICUS.
Our organisations are also concerned about the continued use of security laws by the Hong Kong authorities to silence dissent. The 2020 National Security Law, imposed by Beijing, has been used to arrest more than 200 people and the new Safeguarding National Security Ordinance (Article 23), security law passed in March 2024 seems to be further entrenching repression in the territory.
The law punishes peaceful speech and civil society activism with heavy prison sentences, expands police powers, and weakens due process rights. Because provisions apply to Hong Kong residents and businesses anywhere in the world, the law can silence dissent both in the territory and globally.
The new security law is inconsistent with Hong Kong’s international human rights obligations under the ICCPR. In March 2024, the UN High Commissioner for Human Rights Volker Türk deplored the law’s “broadly defined and vague provisions” which have the potential to be misused to target dissenting voices. In the same month, UN experts also raised concerns about the law.
“We call for the charges against the six to be dropped and for the Hong Kong authorities to repeal the Article 23 national security ordinance and the 2020 National Security Law and to release all individuals arbitrarily detained under these laws.”, said the Asia Democracy Network.
Hong Kong’s civic space rating was downgraded by the CIVICUS Monitor from ‘repressed’ to ‘closed’ in March 2023.
