The Hong Kong police’s National Security Department has for the first time used the “National Security Law” to arrest former vice-chairperson of the Alliance in Support of Patriotic Democratic Movements of China (the Alliance), Chow Hang-tung, and five others on charges of “incitement with intent”. Overseas group “Hong Kong Human Rights Information Center” condemned the arrests, suggesting that they were aimed at suppressing opinion leaders advocating for the reevaluation of the June 4th incident, in order to create a strong deterrent effect before June 4th and prevent any expressions or activities related to mourning or seeking justice for the events of that day from emerging in Hong Kong society.
The center criticized the Hong Kong government’s actions as legal weaponization that infringes on the rights of citizens to freely express their opinions. This move by the government is seen as confirming the concerns raised earlier by the United Nations human rights experts regarding the enactment of the National Security Law. The experts had previously pointed out that the vague wording of the incitement crimes under the law, such as what actions could lead individuals to “hate” or “disdain” their government, lacks a necessary connection to inciting physical violence or harm.
Furthermore, the experts highlighted that these undefined concepts of crimes could be abused and arbitrarily used, posing very real risks to individuals with dissenting political views from officials. The severe penalties in the law could also further promote self-censorship and potentially erode the already severely restricted civic space in Hong Kong.
The center expressed concerns about the rights of the six individuals who were arrested, questioning whether the police would adhere to Articles 79 and 80 of the law, which limit the detained individuals’ rights to choose lawyers and seek legal advice during their detention.
Citing the UN “Basic Principles on the Role of Lawyers,” the center emphasized that the right of detained individuals to seek legal assistance is a fundamental right. Any delay or restriction in exercising this right could be detrimental to the detained individuals and may pose risks of unfair judicial practices.
The center urged the Hong Kong government to immediately release the six individuals, including complying with the earlier request from the UN Working Group on Arbitrary Detention to release Chow Hang-tung immediately and grant her the enforceable right to compensation and other remedies under international law.
The Working Group had previously issued the same demands and opinions to the Hong Kong government on May 1st of the previous year, stating that Chow’s arrest and detention were a result of her peaceful exercise of the rights to freedom of speech and assembly, and authorities’ actions against Chow were rooted in long-term harassment and targeting based on her political views. The Working Group considered Chow Hang-tung’s deprivation of liberty as arbitrary detention, which violated the International Covenant on Civil and Political Rights.
The Hong Kong Human Rights Information Center also called on the Hong Kong government to cease its crackdown on activities commemorating June 4th, ensuring that Hong Kong residents can freely exercise their rights to freedom of expression and peaceful assembly protected under international human rights law without fear.
Yesterday, the National Security Department of the police arrested Chow Hang-tung, the former vice-chairperson of the Alliance, who was still in custody, at Tai Lam Centre for Women. The mother of Chow, Chow Lau Wah-chun (65 years old), former member of the Alliance, Lau Ka-yee (51 years old), Ko Chun-pang (52 years old), former Democratic Party Kwun Tong District Councillor Chan Kin-kan (37 years old), and dentist Li Ying-ji (55 years old) were also arrested. They were accused of continuously posting “incendiary posts” on a social media page named “Little Tong’s Drawing Society”, inciting netizens to organize activities and events deemed harmful to national security and illegal activities, but the authorities did not directly respond to whether the “sensitive date” referred to the June 4th incident.