5 key takeaways from the UNHRCom’s first Concluding Observations on Hong Kong re ICCPR since the NSL was enacted. Link to the COs today: tbinternet.ohchr.org/Treaties/CCPR/… (1/x)
1/ the CO stresses that anyone or NGO engaging in the UN human rights bodies must not be criminalised or at risk of reprisals (para 50), whereas the HKG refused to warrant free participation of individuals and groups in UN mechanisms in the hearings.@UNHumanRights (2/x)
Civil society organisations, espy trade unions and human rights groups engaging in the UN mechanisms and global community must not be read as colluding with foreign forces. (3/x)
2/ the CO asserts that many provisions of the NSL must be repealed or refrained from applying them (paras 14 & 36). Sedition under the Crimes Ordinance must be repealed and relevant pending cases must be reviewed (para 16). (4/x)
Given the #HK#sedition trial against #SpeechTherapistUnionists publishing picture books will resume on 30th July, the government and the court must follow the recommendations of the CO. (5/x)
3/ the CO unprecedentedly cites an individual case under the NSL, Chow Hang-tung @zouxingtong in light of harassment and intimidation against lawyers (para 37). It is a breakthrough for the CO to raise a specific case in support for human rights defenders. (6/x)
4/ the CO denounces the chilling effects of the NSL and sedition law that led to the dismantlement of civil society in HK, espc trade unions, journalists, academics and human rights defenders (paras 42, 49 & 50). The CO calls for reviewing Societies Ordinance as well. (7/x)
5/ the CO asks the #HKG to provide follow up information of the progress of implementing the recommendations, espc. on the NSL, protections of free expression and free association by July 2025 (para 54). (8/x)
Not surprisingly, the HKG will be reluctant to follow the recommendations. This would be another example of how HK ignores promises in the Basic Law and isolates itself from the global community that supports universal values of human rights, freedom and the rule of law. (9/x)
The COs covers a wide range of human rights issues in #HK as well, say universal suffrage (#52), police excessive use of force (#22), treatment in prison (#24), non-discrimination (#9) etc. The local court has to follow recommendations of the CO in their future rulings. (10/x)
Finally, I must echo the COs’ call on sedition cases (#16): HK should ‘repeal sedition provision’, ‘immediate stop applying the NSL and its Implementation Rules to sedition cases,’ & ‘review pending sedition cases’ to ensure no one is charged for right to free expression. (End)
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1/Strongly recommend everyone to read the transcript of @UKSupremeCourt Lord Reed's comment on his resignation from HK's Court of Final Appeal. Powerful and humble response to the legal compradors in #HK: committees.parliament.uk/oralevidence/1…
2/some quotes: "The courts themselves were continuing to operate in accordance with rule of law values, although they were under pressure. It has to be said that one cannot completely divorce what was going on in the courts from what was going on outside the courts"
3/"One was the use of powers conferred by the (NSL) to close down businesses and seize property.The other was the arrest of people on charges of having violated either the national security law or laws passed during the period of British rule concerned with sedition,for example."
1/ Here is my observations on HKSAR v Ma Chun Man (2021), which has a Chinese verdict and an English Press Summary for now: legalref.judiciary.hk/lrs/common/ju/… (20 tweets,beware!)
2/x The reasons for verdict have 84 paragraphs, and only 4 of them discuss the court’s view on human rights jurisprudence. Sadly, they are insufficient, incoherent and not up to international standard. (See para.46-47, 64-65) #HK#NSL …
3/x in para.46, The verdict cited the Jimmy Lai case at the CFA (FACC1/2021) to state article 4 of the NSL safeguards basic rights and freedoms according to Hong Kong law…
The verdict of HKSAR v Ma Chun Man, aka the 2nd #NationalSecurityLaw trial in #Hongkong,is expected to be given today. Ma’s case is indeed the 1st #NSL case that involves solely #SpeechCrime of incitement & that the defendant at first brought #humanrights arguments to the court.
We will soon know whether the court will appreciate human rights jurisprudence that complies with international and comparative human rights law in its verdict, and follow the 1st NSL verdict that dismissed the critical review of the safeguarding human rights in NSL context.