UN human rights investigators have ‘serious concerns’ over Hong Kong mass trials and bounties on heads of overseas activists under national security law

Team of four UN special investigators ‘very troubled’ that mass trials could jeopardise legal safeguards and right to fair trial
The special rapporteurs also ask Hong Kong to ensure better access to legal aid services

Hong Kong politics

Lars HamerandLo Hoi-ying

Published: 9:41pm, 9 Oct 2023

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The Hong Kong government has hit back after United Nations human rights investigators criticised mass trials and the use of bounties against opposition figures under the Beijing-imposed national security law.

A government spokesman said on Monday the government dismissed the “erroneous comments” made by the UN team and insisted people charged with national security law had the right to a fair trial.

“Endangering national security is a serious crime, and no country would stand idly by in the face of actions and activities that threaten national security,” the spokesman said.

The government went on the offensive after human rights experts said earlier in the day they had “serious concerns” over Hong Kong mass trials and the use of bounties and arrest warrants for eight overseas opposition figures under the Beijing-imposed national security law.

The team of four UN special rapporteurs – investigators – also appealed to China to review the 2020 national security legislation, designed to outlaw acts of secession, subversion, terrorism and collusion with foreign forces, to ensure it was in line with international human rights obligations “with respect to the Hong Kong Special Administrative Region (SAR)”.

“We have expressed our concerns about the national security law to China in the past. We are very troubled about the use of mass trials in national security law cases and how they may negatively affect safeguards that ensure due process and the right to fair trial,” the team said.

“China should review its national security law to ensure that the law is in compliance with China’s international human rights obligations with respect to the Hong Kong SAR,” they added.

A team of UN investigators has asked the mainland Chinese government to consider if the city’s national security law is in line with its international obligations to Hong Kong. Photo: Dickson Lee

But the government insisted that law enforcement in the city had always been based on evidence and was in strict accordance with legal principles.

The spokesman added that the Department of Justice “rigorously and objectively” made independent decisions based on evidence and the law.

“All individuals facing criminal charges have the right to a fair trial under the protection of the Basic Law and the Hong Kong Bill of Rights Ordinance,” the spokesman insisted.

The rapporteurs also said there should be better access to legal aid services in Hong Kong.

“We stand ready to engage in dialogue with Chinese authorities on this very important matter,” they said.

The UN investigators, Margaret Satterthwaite, Fionnuala Ni Aolain, Clement Nyaletsossi Voule and Irene Khan, are part of the Special Procedures of the Human Rights Council, and their statement said they had been in contact with Beijing.

Prosecutors in February accused 47 opposition figures of plotting to turn Hong Kong’s legislature into a “lethal constitutional weapon” by organising and taking part in an unofficial primary election in 2020.

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It was also alleged the group ignored warnings that their actions were a breach of the national security law.

The politicians and activists were all charged in connection with an alleged plot to paralyse the city government and topple then-chief executive Carrie Lam Cheng Yuet-ngor by gaining a majority in the Legislative Council and using it to block government budgets.

Thirty-one of the 47 defendants have pleaded guilty or have indicated they will admit liability.

Hong Kong police in July put bounties of HK$1 million on the heads of the eight opposition activists, who are all overseas, for information leading to their arrest in connection with alleged violations of the national security law.

Hong Kong’s bounty for 8 security law suspects sends world ‘strong message’: Lee

The eight are former legislators Nathan Law Kwun-chung, Dennis Kwok Wing-hang and Ted Hui Chi-fung, trade unionist Mung Siu-tat, lawyer Kevin Yam Kin-fung, and activists Finn Lau Cho-dik, Anna Kwok Fung-yee and Elmer Yuan Gong-yi.

“The charges appear to seek to punish statements allegedly made by each individual criticising the Chinese government’s policies and their activities in support of democracy in Hong Kong,” the UN team said.

They added that the eight fugitives’ assets had been frozen and that authorities had threatened anyone who gave them financial support with charges under the national security law.

The government said it was common practice for the police and other law enforcement agencies to release information about wanted people and that it had acted in line with international norms.

“The UN experts’ claim that these individuals are merely criticising the central government’s policies and advocating for democracy in the Hong Kong SAR is completely disregarding the facts,” the spokesman said.