February 2024 Newsletter | Resistance to Article 23 | Latest on Chow Hang-tung | Chinese Developments on Human Rights Lawyers and Defenders

*|MC:SUBJECT|*

To receive the latest news in real time, follow The 29 Principles on Twitter, Instagram, Facebook and LinkedIn

The 29 Principles Signs Joint Statement, expressing significant concern over the Proposed Legislation of Article 23 in Hong Kong

The 29 Principles, alongside over 80 other civil society and human rights organizations worldwide, published a joint statement in February 2024, condemning the Hong Kong government’s plans to introduce domestic security legislation under Article 23 of the Basic Law. This proposed legislation, which encompasses vague provisions potentially criminalizing peaceful exercises of human rights, may bring a significant detrimental impact on human rights in Hong Kong, exacerbating the already severe consequences brought about by the National Security Law unilaterally imposed by Beijing in 2020. The joint statement calls for the repeal of the National Security Law in compliance with international human rights obligations and expresses deep concern over the proposed law’s procedural changes that would undermine due process and fair trial rights.

Chow Hang Tung Penned Article from Prison Opposing Article 23 Legislation

Chow Hang Tung criticized the proposed legislation of Article 23 of the Basic Law. In a detailed submission written during the one-month consultation period, which concludes today, Chow urges the Hong Kong government to halt the legislation process, and cease suppressing human rights and freedoms under the guise of “national security”.

In her argument, Chow highlights the broad and undefined scope of “national security” as outlined in the consultation document, which adopts Xi Jinping’s “comprehensive national security concept” as reference. This so-called concept spans 20 areas, including political, military, and economic security, among others, making “national security” a vague and catch-all term that can easily categorize activities as threats. Chow expresses concern that this broad definition could turn the law into a tool of authoritarianism, allowing the government to arbitrarily interpret actions as crimes against national security.

Chow criticizes the structure of the proposed legislation for its reliance on a flawed core concept, leading to loopholes and giving excessive power to authorities to deem ordinary activities as threats to national security. This approach, she argues, could transform national security laws into authoritarian tools that intervene in all societal aspects.

Furthermore, Chow questions the government's focus on "foreign forces," calling it a vague concept used to make sensational accusations without evidence. She points to the prosecution of the Hong Kong Alliance as a "foreign agent" without presenting proof, challenging the government’s narrative that foreign forces are behind Hong Kong’s turmoil. Chow contends that legislation based on speculation and conspiracy theories poses the greatest threat to Hong Kong's national security.

Chow Hang Tung's Appeal Against Sentence in June 4th Incitement Case Rejected, 15 Months' Imprisonment Upheld

Chow Hang Tung, former Vice-chairperson of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China, had her appeal against a 15-month prison sentence rejected. This sentence was related to her involvement in the June 4th vigil in Victoria Park in 2021, where she was accused of inciting assembly through social media and a newspaper article. Despite the initial overturning of her conviction, the Hong Kong Court of Final Appeal reinstated it.

Ye Du's Love Letter to Chow Hang Tung Torn and Returned

The Hong Kong Correctional Services Department's censorship of incoming publications for inmates has sparked controversy, with reports of content being removed from the Ming Pao newspaper before delivery to prisoners. This included a love letter from mainland rights activist Ye Du to his imprisoned fiancée Chow Hang Tung.

Content being removed also includes articles on the “Apple Daily case” trial. The removed content was later returned, with authorities claiming there was “no prohibited political intention.”

Ye Du’s articles, discussing his relationship with Chow Hang Tung and their love story, along with a report on the “Apple Daily case” trial, were initially torn out by correctional institutions citing concerns over rehabilitation and order. The incident has been criticized as political and ideological censorship, with pro-China media and lawmakers attacking the content of Ye Du’s love letter as propaganda and immoral.

Sources reveal that the Hong Kong Correctional Services Department is expanding a “banned book list”, with censorship criteria set arbitrarily by officials. This practice includes removing newspaper content and banning books on sensitive topics, particularly targeting political prisoners and reports on significant political events like the 2019 Anti-Extradition Law Amendment Bill Movement and the 2014 Umbrella Movement.

Chinese Human Rights Lawyer Yu Wensheng's Case of “Inciting Subversion of State Power” Returned for Further Investigation; Trial Becomes Indefinite

Beijing human rights lawyer Yu Wensheng and his wife Xu Yan are detained on charges of “inciting subversion of state power”. Their case, which has gained international attention, was recently sent back to the police for more investigation, delaying the trial further.

Legal experts in China believe this move is politically motivated, aimed at reducing scrutiny while not indicating any likelihood of release. Yu Wensheng has been refusing to provide any statements and submissions to the authorities, as he deems that the authorities’ allegation is wholly groundless and without merits. The case’s return for further investigation could also affect Xu Yan’s case similarly, indicating a prolonged legal process for the couple without immediate prospects of being released.

See more details about Xu Yan and Yu Wensheng on our website.

Chinese Human Rights Lawyer Tang Jitian Detained by Authorities, Unlikely to Attend Farewell to Deceased Daughter

Chinese human rights lawyer Tang Jitian has been detained since November last year, making it unlikely for him to attend his only daughter, Tang Zhengqi's, funeral in Japan. Tang Zhengqi, 27, passed away on February 20, 2024 due to complications from tuberculosis. Despite his critical condition and the passing of his daughter, the Chinese authorities have prevented Tang Jitian from leaving the country, maintaining strict surveillance over him.

Tang Jitian, who has faced repeated detentions and had his legal practice license revoked for his advocacy work, is currently detained in Yanji, Jilin Province. Reports indicate he is in poor health and under constant watch, with limited contact with the outside world.

The Tang Jitian Lawyer Concern Group has called on the Chinese government to adhere to international human rights standards and allow Tang Jitian to manage his daughter's funeral affairs, reflecting a broader concern for the treatment of human rights defenders in China.

Echong with the Concern Group’s remark, Patrick Poon, a board member of The 29 Principles, highlighted the case’s significance in an interview with Radio Free Asia, that “The focus is on whether the Chinese authorities will show humanity and allow him (Tang Jitian) to at least come to Japan to attend the funeral and see his daughter for one last time. We hope the Japanese government can negotiate with the Chinese authorities.”

See more details on the advocacy journey of Tang Jitian.

Chinese Human Rights Activist Li Qiaochu Sentenced to Three Years and Eight Months for "Inciting Subversion of State Power"

Chinese feminist activist Li Qiaochu has been sentenced to three years and eight months in prison for "inciting subversion of state power," after being detained for three years. Li Qiaochu was accused of spreading subversive ideas through a personal blog under the influence of her partner, Xu Zhiyong, a prominent human rights and legal activist who was sentenced to prison for 14 years – the harshest sentences China has given to human rights defenders – after being convicted for subverting state power in April 2023.

This sentence has sparked international outrage and is seen as indicative of the broader crackdown on human rights defenders in China. Luo Shengchun, wife of Chinese human rights lawyer Ding Jiaxi, who is sentenced to prison for 12 years after being convicted for subverting state power in April 2023, criticized the verdict as unjust and a suppression of human rights on X (Twitter). Li Qiaochu’s legal representation has faced obstacles, with her defense lawyer being dismissed.

Li Qiaochu's involvement in rights advocacy, particularly in support of Xu Zhiyong and her own experiences of mistreatment in detention, are believed to be reasons for her harsh treatment by the authorities. Despite her deteriorating mental health and the rejection of multiple requests for medical bail, she remains detained, with her case symbolizing the risks faced by those advocating for human rights in China.

See the profiles of Ding Jiaxi and Xu Zhiyong on our website.

Donate Now