中文版本

On May 28 and 29, 2024, human rights lawyer Chow Hang-tung, along with her mother and 5 other pro-democracy activists, were arrested for sedition under the Safeguarding National Security Ordinance (“SNSO”), enacted based on Article 23 of the Basic Law. 

In response to these arrests by the Hong Kong National Security Department under SNSO, Judicial Reform Foundation issues the following statement and presents three demands:

1. The Hong Kong government must immediately release the 7 individuals and cease suppressing activities commemorating the June 4th Tiananmen Square massacre
2. The Hong Kong government should comprehensively revise the sections of the SNSO that violate human rights.
3. Taiwanese society and government should continue their support for Hong Kong's pro-democracy movement

Case update: On June 3rd 2024, one day before the Tiananmen Square massacre anniversary, Chow Hang-tung’s uncle Tonyee Chow was arrested over the same seditious allegations regarding the Facebook page.

1. Hong Kong Government must immediately release the arrested Individuals and cease their suppression of June 4th memorial activities

Barrister Chow Hang-tung and 6 others have been accused by the Hong Kong government of violating Article 24 of the SNSO, which pertains to "Offenses Related to Seditious Intent," for posting information about June 4th memorial activities on Facebook. However, these alleged posts merely shared information such as "participating in the June 4th vigil" and "interviewing the Tiananmen Mothers," without containing any slogans like "vindicate June 4th massacre" or call to action. Merely sharing personal experiences should not be construed as having the "seditious intent" to incite hatred or contempt against the Chinese or Hong Kong governments, an offense carrying a maximum penalty of 7 years of imprisonment. Moreover, if convicted of "colluded with foreign forces" (which includes Taiwan), the sentence could be increased to 10 years.

Another concerning aspect is found in Section 3 of the same article, which criminalizes "any person who, without reasonable explanation, possesses seditious publications", punishable by up to 3 years’ imprisonment. This broad interpretation entails that even ordinary Hong Kong citizens who have screenshots of the alleged Facebook posts could face judicial persecution and imprisonment.

Civil society groups are urging the Hong Kong government to immediately release Chow Hang-tung and others, and to withdraw the prosecution. Specifically, the government should promptly cease its years-long harassment of Chow and respect her personal and speech freedoms. Beyond stopping the unwarranted arrests, the government should stop intimidating its citizens and end the suppression of their freedoms of speech and assembly in commemorating June 4th.

2. These arrests reaffirm international criticism about Hong Kong's Basic Law Article 23 legislation. Hong Kong Government should comprehensively revise the SNSO to avoid human rights violations.

  
The arrest of Chow Hang-tung and 6 others by the Hong Kong government makes the first use of the new SNSO since its enactment on March 23, based on Article 23 of the Basic Law. Throughout the legislation process of the SNSO, the international community had already issued stern warnings about the potential of its abuse by the authorities. By "weaponizing" the law, the Hong Kong government further strengthened its grip on freedom of speech, attempting to instill a chilling effect to suppress the last bit of vitality within Hong Kong's civil society. In just one month of the enactment of the SNSO, it has already caused multiple independent bookstores to close, and even Radio Free Asia’s Hong Kong bureau, operating for nearly 30 years, has shuttered. Moreover, even members of Hong Kong's Legislative Council voluntarily removed their dedicated social media pages discussing and commenting on current affairs due to fear of persecution.

Today, barely two months after the implementation of the SNSO, China and the Hong Kong governments have already begun using this draconian legislation to quash free speech and crack down on civil society. Particularly striking is their deliberate decision to use the SNSO for the first time on the eve of the June 4th anniversary, attempting to “make an example” by suppressing any June 4th commemorative actions and speech.

This arrest only confirms the apprehensions raised by the international community during the legislative process of the SNSO earlier this year. Whether concerning legal procedures or substantive legal requirements, the SNSO exhibits glaring and significant omissions and flaws.

Procedurally, the SNSO strips arrested individuals of their due process rights. For example, it restricts the right of arrested individuals to select their representation (Article 79) and limits access to legal counsel for both those under arrest and those not yet arrested (Article 80). Moreover, the offenses are fraught with vague and broad legal requirements. Consider the "offense of seditious intent" in the present case, the definition of "seditious intent" in Article 23, Section 2(b) states "intent to incite Chinese citizens, Hong Kong permanent residents, or people in the Special Administrative Region to harbor hatred or contempt against the constitutional order or the executive, legislative or judicial bodies of the SAR." However, what exactly constitutes "hatred or contempt"? How is it defined? What are its boundaries? None of these are clarified, leaving ample room for broad interpretation and punishment under the SNSO. Even assuming the final court does not necessarily find them guilty, the psychological and physical pressure suffered by the defendants are sufficient to instill a chilling effect of self-censorship. Additionally, Article 100 explicitly provides that "any case involving national security must be heard by designated judges," which fundamentally undermines the impartiality and neutrality of court judgments.

In light of the above concerns, civil society groups urge the Hong Kong government not only to immediately withdraw the prosecution against Chow Hang-tung and the other individuals but also to undertake a comprehensive review of the SNSO. They call for amendments to address the issues identified in the UN Special Rapporteur on Human Rights' report, including violations of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights.

3. The extraterritorial effect of the SNSO Extends China's speech suppression to Taiwan and the world. In the face of authoritarian expansion, Taiwan should continue to support space for Hong Kong's democracy movement

Moreover, SNSO’s oppressive effects reach far beyond Hong Kong and China’s border. Clearly written in SNSO Preliminary, “any institution, organization and individual in the HKSAR must abide by the law of the HKSAR applicable for safeguarding national security, must not engage in acts and activities endangering national security, and must provide assistance in accordance with the law in response to a request made by the authorities when conducting the work on safeguarding national security in accordance with the law.” This is to declare upfront that SNSO applies to all individuals or org in Hong Kong regardless of her nationality.

Besides suppressing foreigners within its territory, for Hong Kong residents and organizations, even when abroad, their freedom of speech is still heavily crippled by SNSO’s extraterritorial effect. Taking the example of “Acts with Seditious Intention,” which is what Chow Hang-tung and the other 6 individuals were accused of, according to Article 28 of the SNSO, any Hong Kong resident, and any organization that was either registered or operating in Hong Kong, if their actions abroad would have constituted an offense were it happened inside Hong Kong, then they are still deemed to have committed the offense under SNSO.

The arrest of Chow Hang-tung and 6 others by the Hong Kong government shows just how easily own could be found in violation of the SNSO – even the simple online expressions of commemorating June 4th would end up as high as 7 or 10 years in jail. This indeed imposes serious threat to the people in Taiwan and especially Hong Kongers in Taiwan. SNSO’s extraterritorial effect follows the enactment of Article 37 and Article 38 of the 2020 Hong Kong National Security Law (The Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region), which all fuel the transnational repression that is already threatening foreigners and Hong Kongers abroad.

Despite all the threats and challenges, we must all stand up in solidarity for freedom and democracy in Hong Kong. This year marks the 10th anniversary of both the HK Umbrella Movement and the Taiwan Sunflower Movement – also, this is also the 5th anniversary of the HK Anti-extradition Movement. During dark times Taiwan civil societies forged strong bonds with those of Hong Kong in which we support and advocate for each other's rights and freedoms. In Taiwan’s recent Bluebird Movement, many Hong Kongers and HK orgs in Taiwan also played supporting roles in the movement. We call for the government and the people of Taiwan to persevere in supporting Hong Kongers. Our advocacy should go beyond moral support and to create sustainable movements. The path to democracy is never a sprint but a marathon – may we all stand for each other in this long battle for freedom.

Join us in commemorating the 1989 Tiananmen Square protests and massacre, in supporting the brave Hong Kongers, and in honoring defenders of human fights all over the world.

Co-signing Organizations

Judicial Reform Foundation
Taiwanese Civil Aid to HKers
424 Foundation
New School for Democracy
Covenants Watch
Dr. Chen Wen-Chen Memorial Foundation
Taiwan Hong Kong Association
Human Rights Committee, Taipei Bar Association
Human Rights Committee, Taiwan Bar Association
Human Rights Network for Tibet and Taiwan
Taiwan Alliance to End the Death Penalty
台港守護民主關注組
Taiwan Labour Front
Taiwan Association for Human Rights
Hong Kong Outlanders
Taiwan Friends of the Global Greens
The Association of Parent Participating Education in Taiwan
Taiwan Forever Association
Lady Liberty Hong Kong
ACAT Germany (Action by Christians for the Abolition of Torture)
Federal Association of Vietnamese Refugees in the Federal Republic of Germany
Transitional Justice Working Group 전환기 정의 워킹그룹

Growing list of co-signers, join us!

【Tiananmen Virgil 2024: Ideals are bullet-proof】

Contact

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