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The European Union says the national security law has made it difficult for its local office to maintain contact with civil society representatives. Photo: EPA-EFE

EU monitored 81 court hearings of opposition activists in Hong Kong last year, rights report reveals

  • In annual report on rights around the world, the bloc raises concerns over national security law and electoral reforms in Hong Kong
  • Security law has created a ‘chilling effect on the exercise of previously protected rights and freedoms’, it says

The European Union has revealed it monitored 81 court hearings of opposition activists in Hong Kong last year amid what it characterised as a continuing erosion of democracy and weakening of civil liberties in the financial hub.

The 27-member bloc also stressed that one of its priorities during the past year was to offer “support to civil society, academia and the media” as the government continued its “dismantling of the one country, two systems principle”.

The EU released its “2021 Human Rights and Democracy in the World Country Reports” on Tuesday, with separate sections on mainland China, Hong Kong, Macau and Taiwan.

In the section on Hong Kong, the EU said 2021 was marked by “severe democratic setbacks” and “increasingly restrictive interpretation and dismantling of the one country, two systems principle”, as it highlighted Beijing-led electoral reforms which the bloc argued further weakened the city’s “already modest democratic elements”.
“Implementation of the [national security law] was more forceful than expected and resulted in the imprisonment or exile of most democratic politicians and the disbandment of numerous civil society organisations,” the report stated.
The bloc said the security law had created a “chilling effect on the exercise of previously protected rights and freedoms”, citing the arrest of journalists and the closure of independent media as examples.

“The EU office and member states represented in Hong Kong monitored 81 court hearings, including the July 2020 primary election case, the major ‘unauthorised assembly’ cases of 2019 and the June 4 candlelight vigil cases of 2020 and 2021,” the report stated.

It also said the introduction of the national security law had made it difficult for the local EU office to maintain contact with “political contacts and civil society representatives”.

“Many of these contacts have become reluctant to establish contact with foreign diplomats, as they are wary of the provisions of ‘collusion with foreign forces’ under the [national security law], which can lead to long prison sentences,” it said.

The security law targets secession, subversion of state power, terrorism and foreign interference.

Why has an election strategy left opposition activists facing subversion charge?

Under the section of “EU financial engagement”, the report noted the bloc was working on “possibilities to step up its engagement and support for civil society, in line with the council conclusions and taking into account practical limitations on the ground”.

In July 2020, the European Council adopted conclusions expressing grave concern over Beijing’s introduction of the national security law and set out a package of measures in response covering various fields, such as asylum bids and extradition arrangements with Hong Kong.

The EU report follows ones by the United States and Britain last month. The US State Department report criticised Beijing for playing an “unprecedented role” in directing election outcomes in the city, while in the UK report, British Foreign Secretary Liz Truss also said alternative voices in the Hong Kong’s executive branch, legislature, civil society and media “have been all but extinguished” with no space left for “meaningful political debate”.

The local government called the allegations “unfounded and ridiculous”.

A billboard advertises the national security law in Central, Hong Kong. Photo: AFP

In its section on Macau, the EU raised concerns over press freedom, claiming self-censorship had become “a feature of the media landscape”.

It also highlighted what it categorised as infringement of political rights as it pointed to the Legislative Assembly election in which 21 candidates were disqualified from running and only three non-establishment candidates secured seats.

“That meant that the legislature would now house limited representation of pro-democracy lawmakers, rendering checks and balances on the executive’s action as being mainly symbolic,” the report said.

In a written reply to the Post, a spokesman for the Hong Kong government on Thursday said it expressed “strong opposition to the comments” contained in the EU report.

It also rejected as “unfounded allegations” the criticisms against the Legco election last year, saying the expanded Legco was more representative, “with a much wider spread across different backgrounds and the political spectrum”.

Beijing hits back at UK, US reports on Hong Kong’s ‘deteriorating’ liberties

“Such diversity showcases the broad representation and political inclusiveness of the improved electoral system,” the spokesman said, adding: “The open, fair, and healthy competition among candidates reflected the fairness and competitiveness of the new electoral system.”

The government also reiterated that “all law enforcement actions taken ... under the national security law, or indeed any local legislation, are based on evidence, strictly according to the law and for the acts of the persons or entities concerned, and have nothing to do with their occupation, background or political stance”.

“Hong Kong is an international city having close contact and communication with other countries, regions and relevant international organisations. These normal interactions and activities are protected by the Basic Law and local laws of [Hong Kong]. What the national security law seeks to prevent, suppress and punish are distinctly different from normal interactions,” the government statement said.

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National security police arrest Hong Kong veteran journalist on sedition allegations

National security police arrest Hong Kong veteran journalist on sedition allegations

The spokesman also rejected as “simply unfounded” the EU allegations that the government had made use of the national security law to suppress independent media.

“Foreign countries that have in their respective jurisdictions national security legislation which is more wide-ranging than the national security law are no doubt aware that according to the International Covenant on Civil and Political Rights, the exercising of the freedoms of the press and speech must comply with the restrictions of the law for reasons including the protection of national security and public order,” he said.

The media landscape in Hong Kong remained “as vibrant as ever”, the spokesman added, pointing to the 211 media organisations registered with the Information Services Department as reflective of “an increase after the implementation of the national security law”.

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