March 2024 Newsletter | New Article 23 Ordinance | Jimmy Lai’s trial | Screening of documentary re Chow Hang Tung | Ongoing suppression against human rights defenders

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The Rushed Passing of Article 23

On 23 March 2024, Hong Kong enacted the Safeguarding National Security Ordinance under Article 23 of the Basic Law of Hong Kong. The Ordinance expands the government's authority to suppress dissent, augmenting the controversial National Security Law introduced by Beijing in 2020.

The Ordinance is widely criticized by the international community. The Ordinance is vague and is subject to broad definitions of critical terms such as "national security." Such ambiguity raises the potential for arbitrary interpretation and enforcement which is evident from the enforcement of the HKNSL. Concerns over the Ordinance includes the Ordinance's potential to restrict freedoms of opinion, expression, peaceful assembly, and association, and the right to a fair trial.

On 25 March 2024, along with more than 140 organisations worldwide, The 29 Principles released a Joint Statement to condemn the rushed and uninformed passage of the Ordinance, with minimal public consultation and the absence of substantial debate. It is expected that the Ordinance would further exacerbate the decline of human rights conditions in the city, as demonstrated by the Hong Kong Government’s implementation of the HKNSL since 2020.

Use of Torture-Evidence in Jimmy Lai's Trial

In March 2024, the UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment made public a communication which was originally delivered to the Hong Kong Government on 25 January 2024, raising serious concerns regarding the trial of Jimmy Lai Chee-Ying, who is currently facing trial under the HKNSL.

The Special Rapporteur emphasizes the fundamental legal principle that evidence obtained through torture or other forms of ill-treatment must not be admitted in any proceedings, underscoring the absolute prohibition of torture and the rights to a fair trial.

In view of this, the communication identifies the treatment of key prosecution witnesses, including a co-defendant alleged to have been subjected to torture and other mistreatment while detained in a prison in Shenzhen, China. This treatment reportedly led to a forced confession implicating Mr. Lai in collusion with foreign entities. The Special Rapporteur expresses concern over the potential admission of evidence obtained under such circumstances in Mr. Lai's trial, noting the lack of investigation into these allegations by the authorities.

Furthermore, the communication references broader issues regarding the treatment of human rights defenders in China, including the system of Residential Surveillance at a Designated Location (RSDL), a form of incommunicado detention where various forms of torture are notoriously adopted.

The Special Rapporteur requests information from the HKSAR Government on several points, including any investigations into the allegations of torture, the implementation of the exclusionary rule against evidence obtained through torture, and measures to prevent torture and ill-treatment. The HKSAR Government failed to provide any response within the specified timeframe.

“She’s in Jail” Documentary Highlights Chow Hang-tung's Activism

The documentary “She’s in Jail" focusing on the life of Chow Hang-tung, a Hong Kong human rights lawyer and woman human rights defender, premiered in the San Francisco at the University of California, Berkeley on 15 March 2024. The film, a collaborative effort between The 29 Principles, Asian Commons, and Professor Ako Tomoko from The University of Tokyo, showcases Chow’s commitment to human rights amidst Hong Kong’s challenging landscape under the HKNSL Law.

The documentary’s production and subsequent screenings across various cities in the world aim to draw attention to the ongoing struggles for freedom and democracy in Hong Kong, echoing the necessity for global solidarity with Hong Kong activists including Chow Hang Tung.

Human Rights Lawyer Li Yihan Released Upon Completion of Sentence

On 24 March 2024, 73-year-old human rights lawyer and woman human rights defender Li Yihan was released from prison after serving a six-year sentence. As her relatives picked her up, she expressed gratitude for the continued attention, support, and assistance from the community.

On 9 October 2017, Li Yuhan was detained by the Heping Branch of the Shenyang Public Security Bureau. She was accused and sentenced to prison for picking quarrels and provoking trouble. During her detention, she was subjected to torture and mistreatment by the authorities, leading to significant decline of her health conditions. The Chinese authorities repeatedly refused requests for medical bail made by her legal representatives and arbitrarily extended her detention period on multiple occasions.

Li Yuhan’s case was delayed for over five years without a verdict by the Heping District Court of Shenyang, and it was abruptly adjudicated after Li Yuhan remained more than six years indetention without sentence on 25 October 2023.

Letter from Lawyer Ding Jiaxi from Jiangbei Prison

On 29 March 2024, the family of Chinese human rights lawyer Ding Jiaxi received a letter from him sent from the prison in Hubei province. In the letter, Ding Jiaxi mentioned about his physical condition and daily life in prison, giving his family a general idea of his situation and state in prison.

Ding Jiaxi stated in the letter that he was assigned to Jiangbei Prison in Hubei the day after the verdict of his appeal trial and is now in the area designated for patients in the prison. He is unsure why he was placed there, possibly due to his health issues, including high blood pressure and unstable blood pressure levels.

Upon his arrival at the prison, Ding Jiaxi underwent a physical examination, which revealed high-density cholesterol levels and high blood pressure. He is currently provided with medication.

Ding Jiaxi is a leading activist of the New Citizens' Movement and a prominent human rights lawyer. He was arrested on December 26, 2019, for participating in the “Xiamen Gathering” and has remained detained thereafter.

On April 10, 2023, Ding Jiaxi was sentenced to 12 years in prison for “subversion of state power”. On November 24, 2023, the verdict of the appeal trial for Ding Jiaxi was dismissed with the original verdict being upheld. On the day of the verdict, Ding Jiaxi’s defense lawyers were physically prevented from entering the court, leading to a confrontation.

In March 2024, Ding Jiaxi's sister received a notice of his imprisonment. When the family, including their elderly mother, drove for hours to the prison facility, they were denied a visit and told to wait for approval from the higher level of the authorities.

Latest Updates on the Detention of Guangxi Human Rights Lawyer Chen Jiahong

In March 2024, Guagxi human rights lawyer Chen Jiahong was visited by his legal representation at the detention centre in Guangxi. Chen Jiahong was sentenced to prison for inciting subversion to state power in December 2021 and was released from prison on April 29, 2022. On September 22, 2022, he was again detained by local police and has been in custody ever since. Currently, his case prolonged without judgment.

During the visit, Chen Jiahong insisted his innocence to the charges. He has submitted over twenty requests to the presiding judge, hoping for approval to ensure the legality of the procedures. Chen Jiahong expressed gratitude towards his supportive friends and hoped for continued attention to his case's progress.

Due to his long-term involvement in sensitive cases advocating for democracy and human rights, Chen Jiahong faced repeated suppression by the authorities. After the “709 crackdown,” Chen Jiahong supported human rights lawyers being arrested such as Wang Quanzhang and Yu Wensheng, causing him to become a target of suppression by the authority.

Chinese Human Rights Lawyer Tang Jitian Denied from Participating the Memorial Service of His Daughter

On 20 February 2024, Tang Zhengqi, daughter of Chinese human rights Tang Jitian, passed away due to illness in Tokyo at the age of 27. Following her death, the “Lawyer Tang Jitian Concern Group” issued a public statement urging the authorities to allow Tang Jitian to leave the country to attend to his daughter’s funeral affairs. Yet, as Tang Zhengqi's memorial service was held in Tokyo on 2 March 2024, the Chinese authorities inisisted the prohibition against Tang Jitian, preventing him from leaving the country.

The Denial of Education to Wang Quanzhang’s Son

The 11-year-old son of Chinese human rights lawyer Wang Quanzhang has been completely deprived of his right to education due to his Wang Quanzhang’s involvement in human rights work. The authorities have used various illegal means to prevent his education within China, forcing Wang Quanzhang to seek overseas study opportunities for his child, who has still been denied permission on the grounds that the child poses a risk to national security.

Commemorating the 10th Anniversary of Cao Shunli's Legacy in Human Rights Advocacy

Cao Shunli was a prominent Chinese woman human rights defender. In her advocacy, she provided legal assistance to petitioners.

On 14 September 2013, while preparing to attend the Universal Periodic Review of China in Geneva, Cao Shunli was detained by Beijing police at the airport. She then vanished for nearly a month before it was revealed that she had been detained in the Chaoyang District Detention Center on suspicion of "illegal assembly." Her charges were later changed to "picking quarrels and provoking trouble."

During her detention, Cao's health deteriorated rapidly due to several ailments, and the authorities denied her timely medical treatment. Despite multiple requests from her family and lawyers for medical parole, the Chinese authorities refused to release her. It was not until she fell into a coma on 19 February 2014, that she was released from detention and taken to the hospital. Cao Shunli passed away on 14 March 2014, at the age of 53.

On 14 March 2024, at the 10th anniversary of Cao Shunli's death, a human rights defender made a statement at the United Nations Human Rights Council to commemorate Cao Shunli. This human rights defender spoke on behalf of 37 NGOs, including Amnesty International, Human Rights Watch, and the International Service for Human Rights, and briefly observed a moment of silence for Cao Shunli. The statement mentioned that Cao Shunli was believed to have been subjected to torture and mistreatment while in custody, and the authorities failed to provide timely and adequate medical care, severely deteriorating her health condition.

China, at the United Nations Human Rights Council, objected to the statement based on procedural rules, by requesting the chair of the Human Rights Council to stop the speech of the human rights defender. Nevertheless, numerous countries participating in the session defended the right of the human rights defender to speak. Omar Zniber, the chair of the United Nations Human Rights Council, allowed the speaker to finish her statement. As she ended her speech with, "Dear Cao, rest in peace; there will be light at the end of the night," warm applause erupted throughout the room.

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