UN Human Rights Commissioner Shocked by Juvenile’s NSL Conviction

Seven members of the “Returning Valiant” group, aged 16 to 26, were charged with “conspiracy to incite subversion of state power” under the Hong Kong national security law (NSL) for organizing street booths and posting on social media. They had all pleaded guilty earlier and it is the very first-time minors under the age of 21 are convicted under the prevailing NSL.

Ravina Shamdasani, the spokesperson for the UN High Commissioner for Human Rights, said she was shocked by the prison sentence.

On Oct. 8, Kwok Wai-kin, a judge designated to adjudicate national security cases, ruled that the five defendants under the age of 21 will be detained at a correctional facility, while the sentences of the other two were adjourned. According to the case, the seven defendants repeatedly organized street booths, spoke during interviews and live broadcasts, advocating an “armed uprising” to overthrow the government and providing financial assistance to protesters.

Ms. Shamdasani said that although the UN Human Rights Commissioner had clearly recommended the Hong Kong government to repeal the NSL in July this year, the Human Rights Commissioner regrets that the NSL Law is still being executed in Hong Kong to date. Now it is even targeting young people including minors. She would like to remind the Hong Kong government that the administration of justice and law enforcement in Hong Kong should be in line with its obligations under international human rights law.

Hong Kong Government’s Response

On Oct. 13, the Hong Kong government issued a statement in response, expressing strong dissatisfaction with Shamdasani’s remarks. It stressed that as the legal process of the case has not been fully concluded, it considers the other party’s comments on the case at this moment as inappropriate.

On the contrary, the statement further claimed that the “National Security Law” was designed to allow Hong Kong residents to “regain” the rights and freedoms that they lost during the anti-extradition movement from June 2019 to early 2020. It described further the “National Security Law” is “achieving its intended objectives, rapidly and peacefully, and at the same time effectively restoring stability and security.”

Scholar: Hong Kong Government Failed to ‘Tell the Good Story of Hong Kong’

Dr. Chung Kim-wah pointed out that whenever foreign media criticizes Hong Kong, government officials will send letters to refute the comments. For example, it had always claimed that Hong Kong people are guaranteed all rights under the Basic Law, so the National Security Law will not violate human rights, and likewise, all countries around the globe also enact national security laws for themselves. All these responses from the Hong Kong government simply reflect its “wolf warrior mentality” which is meant for the Chinese Communist Party (CCP) to see. At the same time, in so doing, the government thinks that if it sends these vicious letters or statements a few more times, others will shut up for fear of getting into trouble.

Chung described all such government responses as merely repeating the same rhetoric again and again, with no new ideas at all. “Everyone is well aware that the Hong Kong government continues to violate human rights and deprive freedom. This bare fact is clearly visible to everybody, so no one will care too much about all the government’s rebuttals.” In addition, he also believes that the government can never “tell the good story of Hong Kong” because the success of that depends more on “doing it well” rather than “telling it well.” The international community is fully aware of the objective reality that is happening in Hong Kong daily.

UN Human Rights Commissioner Urges Repeal of the NSL

On July 27 this year (2022), the UN Human Rights Commissioner issued a review report on the Hong Kong government’s implementation of the International Covenant on Civil and Political Rights, criticizing the arrest of citizens, the dissolution of trade unions and student unions since the implementation of the NSL in 2020. The Commissioner urged the Hong Kong government to repeal the National Security Law as a result.

The Commissioner is deeply concerned that the National Security Law was passed by the CCP without consultation with the Hong Kong public, stressing that the law itself is flawed. The concept of “national security” in its context also lacks a clear definition, and the relevant laws are interpreted too broadly. Consequently, there exists the possibility that cases could be transferred from Hong Kong to mainland China, which is not a party to the International Covenant on Civil and Political Rights, for investigation, prosecution, trial, and enforcement of penalties.

As a conclusive remark, the Commissioner urges the Hong Kong government to repeal the National Security Law, refrain from any action that might restrict freedom of association, and ensure that members of civil society are not prosecuted for participating in the deliberations at the UN Human Rights Committee. The report also criticized the police for its excessive use of force during the 2019 anti-extradition movement, and the Hong Kong government’s labeling all those demonstrations as violent. It urged the Hong Kong government to establish a completely independent police complaint investigation mechanism and called for the withdrawal of prosecutions against illegal assemblies, as well as making amendments to the Public Order Ordinance.