Hong Kong: 45 activists sentenced under controversial National Security Law

Spokesperson for the UN human rights office Jeremy Laurence condemned the use of the National Security Law to criminalise activities which are protected under international human rights law, including freedom of expression, peaceful assembly, and association.

Most of the defendants who were sentenced on Tuesday were opposition politicians, academics and lawmakers charged in 2021 with conspiracy to commit subversion for taking part in an unofficial primary to select opposition candidates in July 2020.

‘Misuse’ of the law

Enacted in July 2020, the National Security Law introduced severe penalties for offences described as subversion, secession, terrorism, and collusion with foreign forces.

Volker Türk, the High Commissioner for Human Rights, has expressed concern over the broad and vague provisions which could be “arbitrarily applied to curb freedom of expression and target dissenting voices.”

Since its implementation, over 100 individuals have been arrested, including prominent pro-democracy figures like media entrepreneur Jimmy Lai, who faces life imprisonment if convicted under the law.

In January, Special Rapporteur on Torture Alice Edwards expressed concerns about reports of torture being used to extract evidence against defendants.

Mr. Türk has also criticised recent expansion of the National Security Law, including a March 2024 ordinance adding new categories of offences, such as treason and sabotage.

These expansions, Mr. Türk noted, increase the law’s potential for “misuse” and further suppression of opposition.

Beyond the large numbers of accused directly impacted by criminal proceedings, these laws have had major chilling effects on others in the Special Administrative Region of Hong Kong.

Call for repeal

The High Commissioner has called for an urgent review of the convictions and for Hong Kong authorities to ensure compliance with international obligations under the International Covenant on Civil and Political Rights (ICCPR).

“Any national security legislation must remain clear in scope and definition, and only permit restrictions to human rights that are strictly necessary for a legitimate purpose, and proportionate”, the OHCHR emphasised.

Mr. Türk has urged the immediate suspension of the law’s application and its eventual repeal, stressing the importance of safeguarding human rights and democratic freedoms in Hong Kong.