The Impact of Hong Kong National Security Law on Fundamental Freedoms in the Jimmy Lai Case

20-06-2023

East Asia and Human Rights Researcher

Global Human Rights Defence

On 15 June 2023, the European Parliament passed a resolution urging the Hong Kong authorities to promptly release and dismiss all charges against pro-democratic leaders and activists arrested (European Parliament, 2023). This includes Jimmy Lai, a renowned Hong Kong pro-democracy activist and creator of the now-defunct pro-democracy journal Apple Daily. His advocacy and prominent media outlets made him a target for authorities, who detained him in 2020. Following Hong Kong National Security Law, he was charged with collusion with foreign forces, conspiracy to commit fraud, and unauthorized assembly (Gotev, 2023).

This National Security Law, enacted by the People's Republic of China for Hong Kong in 2020, addresses national security issues by criminalizing subversion, secession, terrorism, and cooperation with foreign forces. Supporters assert that it addresses challenges to stability, territorial integrity, and sovereignty while extending China's extraterritorial authority over Hong Kong (Gotev, 2023). The UN Human Rights Committee, however, requested Hong Kong to revoke this legislation since it did not uphold its ICCPR duties to safeguard freedom of expression, freedom of assembly and association, and the right to a fair trial (OHCHR, 2022). Jimmy Lai's legal team claimed, for instance, that the impartiality of the court was compromised when the judges overseeing his trial had been personally chosen by the chief executive following the National Security Law (Hawkins, 2023). Jimmy Lai's attorneys asked his trial to be dropped, but the Hong Kong High Court recently denied their plea (Wong, 2023).

The resolution of the European Parliament is passed at a time when there is a persistent and dangerous trend of arrests by the police in Hong Kong. Authorities detained another national who had posted online messages in favor of pro-democracy demonstrations while studying in Japan in 2019 (Kasai, 2023). All these arrests violate the defendants’ rights under the pretense of national security protection. These rights must be respected to defend human dignity, maintain social harmony, and support the principles of justice and equality. Only by protecting these may countries like Hong Kong be able to strive for a more inclusive, just, and democratic environment.

Sources and further reading:

European Parliament. (2023, June 15). Texts adopted - Deterioration of fundamental freedoms in Hong Kong, notably the case of Jimmy Lai. Retrieved June 19, 2023, from https://www.europarl.europa.eu/doceo/document/TA-9-2023-0242_EN.html.

Gotev, G. (2023, June 16). China calls European Parliament’s Hong Kong resolutions “publicity stunt.” Euractive. Retrieved June 19, 2023, from https://www.euractiv.com/section/china/news/china-calls-european-parliaments-hong-kong-resolutions-publicity-stunt/?utm_source=dlvr.it&utm_medium=linkedin.

Hawkins, A. (2023, May 29). Hong Kong court rebuffs effort to dismiss Jimmy Lai national security trial. The Guardian. Retrieved June 20, 2023, from https://www.theguardian.com/world/2023/may/29/hong-kong-court-rebuffs-effort-to-dismiss-jimmy-lai-national-security-trial.

Kasai, T. (2023, May 26). Hong Kong Arrest Encroaches on Free Expression in Japan. Human Rights Watch. Retrieved June 20, 2023, from https://www.hrw.org/news/2023/04/26/hong-kong-arrest-encroaches-free-expression-japan.

OHCHR. (2022, July 27). UN Human Rights Committee issues findings on Hong Kong, Macao, Georgia, Ireland, Luxembourg and Uruguay. Retrieved June 19, 2023, from https://www.ohchr.org/en/press-releases/2022/07/un-human-rights-committee-issues-findings-hong-kong-macao-georgia-ireland.

Wong, B. (2023, May 29). Hong Kong’s High Court rejects bid by tycoon Jimmy Lai to drop national security case; accuses ‘foreign elements’ of interference in city justice. South China Morning Post. Retrieved June 20, 2023, from https://www.scmp.com/news/hong-kong/law-and-crime/article/3222184/last-ditch-bid-hong-kong-tycoon-jimmy-lai-get-national-security-charges-dropped-rejected-high-court.