Hong Kong national security law ‘casts doubt on the state of the rule of law’, EU warns

The Press Release

The European Commission and the High Representative have today adopted the 25th annual report to the European Parliament and the Council on political and economic developments in the Hong Kong Special Administrative Region. This report covers developments in 2022.

2022 marked the 25th anniversary of the handover of Hong Kong to China and the second anniversary of the imposition of the National Security Law (NSL) on Hong Kong. The annual report illustrates the continued erosion of Hong Kong’s high degree of autonomy, democratic principles, and fundamental freedoms that were supposed to be protected until at least 2047. These developments cast further doubt on China’s commitment to the ‘one country, two systems’ principle.

Over the course of the year, law enforcement agencies continued to make arrests on national security grounds. As of 31 December 2022, 236 people had been arrested under the NSL and other security legislation while 145 individuals and 5 companies had been charged. The conviction rate was 100%. Many people were awaiting trial, including 47 pro-democracy activists who participated in a primary election, members of the now-disbanded Hong Kong Alliance in Support of Patriotic Democratic Movements of China, and Jimmy Lai. Many of them have been held in custody since January 2021, in some cases in solitary confinement. The colonial-era sedition law was used frequently in 2022. Around one fifth of the arrests by the national security police are made under this law. On 1 November, one EU national was arrested under the law.

In the fourth periodic review under the International Covenant on Civil and Political Rights in Hong Kong, the United Nations Human Rights Committee urged Hong Kong to repeal the current National Security Law. The Committee highlighted concerns regarding the possibility of transferring cases from Hong Kong to mainland China (which is not a state party to the Covenant) for investigation, prosecution, trial and execution of penalties.

Freedom of the press declined considerably in 2022. Journalists were arrested and charged, and numerous independent media outlets ceased operations. In the 2022 Reporters Without Borders world press freedom index, Hong Kong ranked 148^th out of 180 locations, 68 places lower than the previous year.

Following the 2021 electoral overhaul, aimed to ensure that ‘patriots administer Hong Kong’, the first election of the Chief Executive took place on 8 May. Former police officer and Chief Secretary for Administration John Lee was the only candidate in the race. He received 99.2% of the valid votes and was sworn in on 1 July.

The annual report also highlights the substantial commercial links between the European Union and Hong Kong. With 1,600 companies, the EU remained the largest foreign business community. The EU was Hong Kong’s third-largest trading partner in goods. EU bilateral trade in services with Hong Kong grew by 25.1%. Two-way investment also remained significant.

Hong Kong’s economy fell back into recession in 2022, even though travel and health restrictions were gradually relaxed in the second part of the year. Hong Kong remained the world’s third-largest investment destination and was the world’s fifth-largest trading economy.

Background

Since Hong Kong’s handover to the People’s Republic of China in 1997, the European Union and its Member States have closely followed political and economic developments in the Hong Kong Special Administrative Region under the ‘one country, two systems’ principle.

In line with the commitment given to the European Parliament in 1997, the European Commission and the High Representative issue an annual report on political and economic developments in Hong Kong.

The measures taken by the EU and Member States in response to the NSL in the Council Conclusions adopted in July 2020 remain in force. This package of measures included:

a review of the asylum, migration, visa and residency policy, and of extradition agreements;
scrutiny and limitation of exports of sensitive equipment;
observation of trials; support for civil society;
the possibility of more scholarships and academic exchanges;
monitoring of the extraterritorial impact of the law; and
the refraining from launching any new negotiations with Hong Kong.

For More Information

25th annual EU report on political and economic developments in the Hong Kong Special Administrative Region

Quote(s)

Throughout 2022, the National Security Law and other legislation have continued to be used to stifle dissent and pluralism and the exercise of human rights and fundamental freedoms in Hong Kong. The dismantling of the ‘one country, two systems’ principle and erosion of Hong Kong’s high degree of autonomy continues unabated.

High Representative/Vice-President Josep Borrell

Hong_Kong__Annual_EU_report_illustrates_further_decline_of_fundamental_freedoms

SCMP

The bloc’s annual report criticised the ‘continuing erosion’ of rights and freedoms, pointing to an ‘intensification’ of trials under the law
The EU also criticised the targeting of academics and lawyers, as well as an increasingly harsh media environment
The European Union has criticised the “continuing erosion of Hong Kong’s high degree of autonomy and of rights and freedoms that were meant to be protected until at least 2047”, in an annual report released on Friday.

The report for 2022 described at length the “far-reaching implementation of the national security law”, which it said had encroached on academic and media freedom, rights of assembly and association, and “cast doubt on the state of the rule of law in Hong Kong – a cornerstone of its economic success”.

It summarised the major events in Hong Kong last year, including the unchallenged appointment of John Lee Ka-chiu as chief executive in the “patriots-only” election, the 25th anniversary of the handover from Britain, the visit of Chinese President Xi Jinping, and the Covid-19 restrictions which saw “around 10 per cent of EU nationals” abandon the city.

But it was dominated by the roll-out of the security law, imposed by Beijing in July 2020, which has led to hundreds of arrests, the annihilation of political opposition, and a crackdown on many forms of expression and dissent.

Read the full report at

https://www.scmp.com/news/china/diplomacy/article/3231611/hong-kong-national-security-law-casts-doubt-state-rule-law-eu-warns

The China Daily isn’t happy!

EU playing Hong Kong card repugnant ploy

Editor’s Note: The following are excerpts of a statement on the European Union’s 25th annual report on political and economic developments in the Hong Kong Special Administrative Region issued by the spokesperson for the Commissioner’s Office of the Chinese Foreign Ministry in the HKSAR on Saturday:

We disapprove of and reject the EU’s 2022 report on Hong Kong, which slandered “one country, two systems” and attacked the national security law and the situation of human rights and the rule of law in Hong Kong. We urge the EU to immediately stop its interference in the Hong Kong affairs.

In the more than three years since the implementation of the national security law for the HKSAR, the rule of law and business environment in Hong Kong have become better, and society more stable and united, showing stronger vigor and vitality. Hong Kong has ushered in stability and prosperity, and opened a new chapter in good governance. The lawful rights of freedom of speech, press and association enjoyed by Hong Kong residents are better protected in a safer environment. The EU report, ignoring the basic facts, blaming China’s just actions to safeguard national security, slandering the SAR government’s law-based administration, and smearing the fair trial of the SAR courts and the bright future of Hong Kong, has degenerated into a tool for a political performance and has no credibility at all.

The EU itself faces multiple governance and development difficulties and human rights problems, such as the migrants and refugees issue, racial discrimination, the huge gap between the rich and the poor, and the energy crisis. Without reflecting on itself, the EU has blatantly violated international law and the basic norms of international relations, and wantonly interfered in the Hong Kong affairs. By playing the “Hong Kong card”, the EU’s hypocrisy and double standard have been laid bare.

The affairs of Hong Kong are China’s internal affairs and brook no interference. Platitudes and fabricated reports of external forces cannot change China’s determination to firmly safeguard “one country, two systems” and national security, nor can they stop the historical trend of Hong Kong moving from chaos to stability and prosperity. We urge the EU to put itself in the right position, stop vilifying the rule of law and human rights situation in Hong Kong, and stop the political manipulation of interfering in the Hong Kong affairs.

https://global.chinadaily.com.cn/a/202308/21/WS64e297a9a31035260b81d2ce.html