Press Release
27 July 2022
UN experts express concern about lawyers in Hong Kong
The UN Human Rights Committee have released their Concluding Observations from the fourth periodic report on Hong Kong, China conducted after the review session took place earlier this month. The Committee members expressed their grave concern over the status of human rights in Hong Kong, calling for a repeal of the National Security Law and the Sedition Law, flagging the harassment and intimidation faced by lawyers and the restriction imposed on legal aid applicants, which prohibits them from exercising their right to access legal aid and right to a counsel of one’s choice.
The Executive Director of The 29 Principles, Chakra Ip, who attended the review session in person earlier this month, welcomes the comments made by the Committee members: “The Concluding Observations show that the human rights experts at the UN are highly concerned about the increasing risks facing lawyers, the access to justice, the independence of the judiciary and the fairness of trials in Hong Kong. It shows that they recognise the situation, particularly after the adoption of the National Security Law, of lawyers and the rule of law in Hong Kong, which are now on the brink and facing unprecedented challenges.”
The issues relating to the rule of law and the situation of lawyers are one of the main focuses of the Concluding Observations. As well as urging the Hong Kong government to establish an independent legal aid authority to ensure the right of access to timely, competent legal aid and to a counsel of one’s choice (para 34), they also highlight their concerns about the excessive power given to the Chief Executive to appoint designated national security law judges, which undermines the independence of the judiciary. (para 35)
The UN human rights experts also raise concerns over the prevalence of harassment, intimidation and attacks against lawyers by quoting the case of Chow Hang Tung, a barrister and an activist who has been in prison and is facing the national security charge of subversion. They urge the Hong Kong Government to take measures necessary to protect lawyers in line with the Basic Principles on the Role of Lawyers. (para 38)
The 29 Principles will continue to closely monitor the situation of lawyers and the rule of law in Hong Kong and we urge the Hong Kong Government not to shirk its responsibility for ensuring human rights, which are enshrined in the Covenant, and should be protected.
Contact: Chakra Ip (@chakra_ip)