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May 2023 | Updates on human rights lawyers and defenders in China and Hong Kong

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THE 29 PRINCIPLES UPDATES
 

On 30 May 2023, the Committee on the Elimination of Discrimination against Women released its conclusive observations on China's ninth periodic report (CObs), following the review of China's and Hong Kong's adherence to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) conducted on 12 May 2023.  

 

The Committee addressed various issues, including women's access to justice and the plight of women human rights defenders. Regarding justice access, the Committee noted in paragraph 15 of the CObs a worrying trend of gender bias in court decisions, highlighting that some courts dismiss as many as 80% of women's domestic violence claims during divorce proceedings. It also drew attention to the barriers disadvantaged women groups face in accessing justice, including economic and linguistic hurdles, and intersectional discrimination.  

 

With respect to the situation of women human rights defenders, as outlined in paragraph 35 of the CObs, the Committee voiced concerns about restrictions on NGO registration and intimidation, including sexual and gender-based violence, endured by women human rights defenders from police and state officials. These concerns resonate with previous submissions by the 29 Principles, highlighting the China’s ongoing persecution and retaliation against women human rights defenders in China. The Committee proposed several recommendations to China, encompassing the removal of the NGO registration sponsorship requirement, provision of protection against harassment for women's rights defenders, and creation of a conducive environment for the unimpeded promotion of women's rights.

Information provided by lawyer Wang Quanzhang's wife Li Wenzu.
HUMAN RIGHTS LAWYERS IN CHINA
 
  • Yang Maodong (also known as Guo Feixiong)
Prominent Chinese legal advocate, Yang Maodong, who is better known as Guo Feixiong, was convicted of “inciting subversion of state power” following a trial on 11 May 2023, resulting in a sentence of eight years in prison. Guo's detention in January 2021 at Shanghai Pudong Airport while attempting to visit his gravely ill wife in the US provoked international controversy. Despite Guo's open pleas to the Chinese government for compassion, he was prohibited from leaving the country and subsequently charged with inciting subversion of state power. Tragically, his wife passed away in January 2022. 


Guo’s trial drew widespread criticism from the international community, with figures such as Mary Lawlor, UN’s Special Rapporteur on the situation of human rights defenders, expressing concern over the proceedings. The harm inflicted upon Guo and his family by the Chinese regime was addressed by his son, Peter Yang, at the 2023 Geneva Summit this month.

The 29 Principles has published a profile on Guo, covering his work and his journey of human rights advocacy. You can find his profile on our website, here
 

  • Li Heping and Wang Quanzhang


Chinese human rights lawyers Li Heping and Wang Quanzhang, along with their families, have suffered harassment from authorities and landlords, being repeatedly evicted from their homes (source available in Chinese only). The authorities and landlords adopted tactics to disrupt the living conditions at home, including electricity disconnection, utilities shut off and the deliberate removal of windows. According to Li Wenzu, Wang’s wife, the family was forced to move 9 times in a month, and their son was forced to move schools every year. Their son has been traumatised by these events, expressing fear that the entire family might be apprehended by the police.

According to a credible source, as soon as Wang and his family managed to secure temporary lodging at a friend's home, police officers promptly arrived. They alleged that Wang, along with others present, were engaged in "illegal drug use" (source available in Chinese only).

 

  • Zhou Shifeng

Reports suggest that Chinese human rights lawyer Zhou Shifeng has been expelled from his city. Zhou was recently released in November 2022 after serving a seven-year sentence for inciting subversion of state power when he was prosecuted and convicted during the 709 Crackdown. He has not ceased his advocacy efforts since his release. Zhou was apprehended by unknown authorities on 19 April 2023, released a day later, and reports suggest he remains under strict surveillance.

 

  • Chen Jiahong

Chinese human rights lawyer Chen Jiahong was finally granted a visit from his lawyer, the first since the start of his detention (source available in Chinese only). Chen was detained by police in Guangxi on 25 September 2022. His lawyer has now been able to access his case materials, as Chen was accused of “picking quarrels and provoking trouble”, a charge widely viewed as a catch-all offence wielded by the Chinese regime against anyone it wishes to subject to criminal restraint. Prior to this, he was detained in April 2019 and subsequently convicted for “inciting subversion of state power” in December 2021, resulting in a three-year prison sentence.

Chen has been involved in robust advocacy for human rights lawyers who faced suppression during the 709 Crackdown. He also made significant contributions as the defence lawyer for Yu Wensheng, a prominent Chinese human rights lawyer. 

 

  • Xie Yang

Xie Yang, a Chinese human rights lawyer, was met by his lawyer after being detained for over 500 days (source only available in Chinese). Xie had been detained incommunicado from January 2022 to January 2023, with no one, including his lawyers, being informed of his whereabouts. His name only appeared in the detention facility’s registration system after January 2023. His lawyer revealed after their meetings that Xie reported enduring brutal treatment during this detention, including physical beatings, food deprivation, and being shackled to prevent him from standing upright.

 

  • Yu Wensheng and Xu Yan

Chinese human rights lawyer Yu Wensheng and his wife Xu Yan have been officially arrested on charges of "picking quarrels and provoking trouble". The couple was detained in April 2023 during an attempt to meet members of the Delegation of the European Union to China. Subsequently, on 24 May 2023, Lawyer He Wei, appointed by Yu's family, was denied access to meet Yu and Xu. There are concerns that the couple could be at risk of torture during detention as Yu was tortured in his previous detention. 
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The judging committee described Chow Hang Tung as a beacon for those aspiring to democracy.
HUMAN RIGHTS LAWYERS IN HONG KONG
 
  • Chow Hang Tung

Human rights lawyer and woman human rights defender (WHRD) Chow Hang Tung has been awarded the Gwangju Prize for Human Rights by The May 18 Foundation. The judging committee described Chow as a beacon for those aspiring to democracy. According to Moon Hee-sang, chair of the judging panel and former speaker of the National Assembly of the Republic of Korea, "Chow Hang-Tung's fight against the Hong Kong government's undemocratic, inhumane treatment has become a source of courage and hope for human rights advocates and those yearning for democracy worldwide, despite her incarceration."

 

Chow has been detained since September 2021 and charged with "conspiring to incite subversion", alongside human rights advocate Lee Cheuk-yan and human rights lawyer Albert Ho Chun-yan, who were also leading members of the now disbanded Hong Kong Alliance in Support of Patriotic Democratic Movements of China.

 

It has been reported that following the award's conferment to Chow, the Chinese embassy in South Korea visited The May 18 Foundation, the Korean non-profit that has been coordinating these awards since 2000. During the meeting, Chinese officials reportedly referred to Chow as a criminal and requested the organisation rescind the award. However, the organisation responded resolutely and maintained their decision to honour Chow with the award.

 

  • Foreign lawyers


The Hong Kong Legislative Council has approved an amendment to the law, enabling the city’s Chief Executive to exclude foreign lawyers from participating in cases related to the Hong Kong National Security Law (HKNSL). With the revised law, foreign lawyers wishing to engage in HKNSL cases must now secure approval from the Chief Executive before they can participate. This amendment effectively endows the Chief Executive with freestanding power in making such decisions, as reasons are not required if s/he denies an application, and also the determination cannot be subject to legal challenge.

 

This legislative adjustment ties into an ongoing legal conflict between the Hong Kong Government and Jimmy Lai Chi-ying, who faces charges under the HKNSL for sedition and conspiracy to collude with foreign entities. Previously, the city's highest court had granted Lai the right to have British barrister Tim Owen KC represent him. However, this decision was overruled following the Hong Kong Government's request for an interpretation from the Chinese Central Government on the HKNSL. This interpretation denoted that the power to grant or reject certificates, thus enabling or barring foreign lawyer involvement, rested with the Chief Executive.

 

On 29 May 2023, the Hong Kong High Court dismissed Lai's plea to dismiss the case, asserting no bias in the case's handling despite the Chief Executive's handpicked judges and Lai's inability to appoint Tim Owen KC. Lai's trial is now slated for September 2023.

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