On August 23 2020, 12 Hong Kong activists aged between 16-33 were arrested by the Chinese Coastguard after their boat was intercepted while attempting to illegally cross the border to Taiwan. Since the introduction of the controversial National Security Law, Hong Kong citizens have been fleeing to Taiwan out of fear of persecution from China for their involvement in pro-democracy protests which began in 2019. 

COMPULSORY CRIMINAL DETENTION

The group of activists – labelled as “separatists” by the foreign ministry – has been placed in “compulsory criminal detention” on the mainland for their alleged crimes. The director of China’s Foreign Ministry Information Department, Hua Chunying, said the detainees were not “democratic activists, but elements attempting to separate Hong Kong from China,” which is illegal under the new laws. At the time of their arrest, the detainees were on bail for charges in relation to the 2019 Hong Kong protests, such as assaulting police, arson, rioting, and collusion with foreign powers.

Nearly three months after the arrests, little progress has been made in the matter. Law firms and lawyers alike have been pressured into standing down from representing the people in this case due to its sensitivity, or risk losing their license. Lu Siwei, a prominent human rights lawyer, was hired to represent one of the 12 detainees. As a result of this, he has been put under investigation and ordered to submit details of his cases for “review.”  The order was made by the local judicial affairs bureau following Mr Siwei’s public comments about how he had been denied access to see his client.

The review process is mandatory for lawyers in China. Every lawyer must pass the annual inspection in order to renew their license, however, in this case and probably for many others it is being used to strike off lawyers who represent clients in delicate cases like this one. The pressures imposed by China’s Communist Party violates the advocate’s right to obtain representation of their choosing under China’s Criminal Procedure Law, and their right to a fair and public hearing (Article 10 of the Universal Declaration of Human Rights (UDHR)).

Whilst these activists were unsuccessful crossing the border, five other people were picked up in the South China Sea by the Taiwanese coastguards.  This didn’t go over well with Hong Kong authorities.  In a statement, the Hong Kong’s public security bureau said; “we urge Taiwan to take up responsibility of tackling cross-border crimes… if they have allegedly committed a crime in Hong Kong, don’t harbour the criminals.” Taiwan’s government has not commented on the situation. However, its attitude and behaviour clearly demonstrate a willingness to assist the people of Hong Kong who are being subjected to human rights violations; Taiwan previously offered refuge to Hong Kong citizens fleeing persecution. Further, it allowed the five alleged criminals provided access to a lawyer, which they may not have been provided with in Hong Kong or China. 

ONLINE SUPPORT AMONGST ACTIVISTS

Given Hong Kong’s current social restrictions due to COVID-19, activists organised an online demonstration to show their support for the detainees, and to raise awareness of the “utter disregard [of] fundamental human rights, civil and political liberties and the rule of law” by the Chinese and Hong Kong governments. Thousands of people joined the page and shared the link for the rally. 

The situation has attracted global attention; from Hong Kong politicians, who participated in a protest seeking the release of the 12 detainees, to western diplomats and academics. The latter have urged China to provide updates on the welfare of the detainees, since they have been denied access to both lawyers and relatives.  Steve Tsang of the School of Oriental and African Studies at the University of London said; “None of them have been accorded the normal legal rights that they would expect to enjoy as Hong Kong citizens.” It is arguable whether the captives would have even enjoyed such rights if the matter was being dealt with by the Hong Kong authorities instead of China, as evidence has recently come to light which suggests that the Hong Kong police assisted Chinese coastguards with capturing the fugitives.  

The introduction of the National Security Laws puts activists in Hong Kong in a more vulnerable position as they now will be in constant fear of persecution for expressing their opinions or participating in protests against perceived violations within Hong Kong. This in itself is a violation of their rights under Article 19 (the right to freedom of opinion and expression) and Article 20 (the right to freedom of peaceful assembly and association) of the UDHR. To reiterate the sentiments of the US State Department, this is “another sad example of the deterioration of human rights in Hong Kong” and until everyone raises their voices and holds the Chinese government accountable for their actions, the situation is bound to get worse. 

After having completed the Bar Professional Training Course (2018), Safia currently working as a Costs Advisor in a law firm. Her life goal is to make a positive change in the society we live in, no matter how small that change might be.

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