Seven human rights experts affiliated with the UN raised concerns over Hong Kong’s new National Security Law in a letter addressed to Chinese authorities, saying that the legislation limits certain fundamental freedoms.
The letter, released yesterday, said that the legislation raises a “serious risk” that rights such as freedom of expression and peaceful assembly might be infringed upon, as well as highlighting the undermining of the independence of judges and lawyers.
“We underscore that general assertions of conduct that threatens ‘national security’ without proper definitions and limitations may severely curtail civic space, the right to participate in public affairs, the rights of minorities and the work of human rights defenders and other civil society actors and their right to associate,” the human rights experts said in the letter, dated Tuesday.
Photo: AP
The experts are independent human rights monitors who work with the UN Human Rights Council, including UN Special Rapporteur for Counter Terrorism and Human Rights Fionnuala Ni Aolain.
Beijing imposed the national security legislation on Hong Kong effective June 30 following last year’s pro-democracy protests.
Chinese authorities are “obviously not happy with this review in the sense that they believe they are entirely entitled within their sovereign power to apply this legislation in Hong Kong without consequence,” Ni Aolain said by telephone.
The Chinese Ministry of Foreign Affairs said that it “firmly opposes and completely rejects” the letter, calling it a serious breach of the authorization and code of conduct of the Special Procedures of the UN Human Rights Council — independent experts who report and advise on human rights.
“Certain individuals disregard facts and maliciously slander China’s human rights situation, openly politicize human rights issues and grossly interfere in China’s internal affairs,” ministry spokeswoman Hua Chunying (華春瑩) said at a regular news briefing yesterday.
“We advise those concerned to truly respect the purposes and principles of the UN Charter, discard ignorance, prejudice and double standards, and stop interfering in Hong Kong affairs in any way,” she said.
In the 14-page letter, the experts called on China to address UN concerns, including the attempt to enforce “extra-territorial jurisdiction,” to ensure that the legislation complies with the International Covenant on Civil and Political Rights treaty that China has signed.
The document sent by the UN experts is known as an “other letter,” a communication with governments that examines draft or existing legislation or practice that is deemed out-of-step and noncompliant with international human rights norms.
The letter follows the first in-depth appraisal of the Hong Kong security legislation from the UN human rights system, although officials including UN High Commissioner for Human Rights Michelle Bachelet have previously expressed concerns about it.
Unlike other types of communications from the UN human rights system with governments, which remain confidential for nearly two months to give them time to respond, “other letters” give governments only two days’ advance notice.
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