Some of us are Hong Kong lawyers who were in NSL defence. Somehow, we find the procedural changes proposed under Article 23 more terrifying than the new proposed offences. It’s like the government is simply writing the police’s and prosecution’s wishlist into law. Maybe it’s because the NSL is way overbroad already, whereas we can visualize immediate, visceral damage brought by these procedural changes. They include: extending the period of police detention – this can rule out the availability of bail completely, without any review. Blocking arrestees from consulting with particular lawyers ..read more

The UN Working Group of Arbitrary Detention established under the UN Human Rights Council issued an opinion on 1 May 2023 stating that Chow Hang-tung’s arrest, charges, and trial amounted to arbitrary deprivation of her liberty.   Chow is a well-known barrister, pro-democracy activist, and human right defender. Most notably, she was the Vice-Chair of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China before it was forcefully disbanded. Chow was arrested four times since 2020, and is currently in detention. The Group opines that the arrest and subs ..read more

For a 23-year old student from Hong Kong, this was not a hypothetical question. Charged with sedition for social media posts made on her personal accounts (including a private Instagram account), Yuen Ching-ting was arrested and appeared in court in June 2023. Her posts were made while she was studying in Japan, raising issues about the extraterritorial application of Hong Kong’s national security laws. What has gone mostly overlooked however, were the extensive conditions on which magistrate Peter Law granted her bail.  The conditions included various terms preventing Yuen from using soc ..read more

Choy Yuk-ling’s convictions of “knowingly making a false statement” were overturned at the Court of Final Appeal. Bao was convicted under the Road Traffic Ordinance (“RTO”) on the basis of statements made while conducting a search of the government’s vehicle registry. The searches she conducted were for a documentary on gang attacks which took place on Yuen Long on 21 July 2019. The police were widely condemned as having failed to prevent or intervene during those attacks. Although Choy was convicted by the magistrate and the High Court dismissed her appeal, her persistence ultimately paid off ..read more

On 6 June 2023, the Hong Kong Government applied for an injunction to ban the 2019 protest anthem “Glory to Hong Kong”. The song was considered by many demonstrators to be the city’s national anthem and contained the phrase “liberate Hong Kong, revolution of our times”, which the city’s first national security trial had ruled to be secessionist. Hearing of the application was adjourned to 21 July 2023. The application sought to ban the melody, lyrics and any adaptations of “Glory”, making dissemination become illegal. Even singing the tune may lead to criminal repercussions ..read more

In July, the Legislative Council passed a bill that expanded the Department of Justice’s (“DOJ”) powers to appeal national security acquittals, and, if successful, to subject the defendant to a retrial. Acquittal decisions subject to these new appeal powers include those where the Court dismisses a criminal charge due to defects in the charge, or finding insufficient evidence to prosecute the defendant. Prior to the amendment, questions of law arising during the initial High Court trial could be brought to the Court of Appeal for determination, but the defendant’s acquittal ..read more

The 34th anniversary of the Tiananmen massacre was marked not by public commemoration, but by the Hong Kong government’s efforts to erase it from memory. The Pillar of Shame, an artwork marking the Tiananmen massacre, had been removed from the University of Hong Kong’s campus under cover of night in December 2021. On 5 May 2023, the national security police seized the artwork from the university’s storage in Yuen Long as evidence for an incitement to subversion case. A police spokesperson stated that the seizure was conducted with a court warrant. On the eve of the annivers ..read more

In May, the High Court ruled that the courts have no jurisdiction to review decisions made by the Committee for the Safeguarding of National Security (“NSC”), an all-powerful committee established by Beijing under the National Security Law (“NSL”) and chaired by the Chief Executive. The case arose from pro-democratic publisher and activist Jimmy Lai’s application to engage UK barrister Tim Owen KC for his upcoming national security trial. Although the courts initially granted Lai’s application, this was effectively overturned by China’s top legislative body which handed down an “inte ..read more

Quotes from Hong Kong judges and magistrates designated to hear national security cases, compiled from their own written judgments or from other public sources. See the full compilation with sources A few highlights: Kwok Wai Kin in the “Sheep Village” Reasons for Sentence (HKSAR v Lai Man Ling, DCCC 854/2021): Furthermore, when you said that you did not want the authorities to “brainwash the children”, then why is it that you had the right to brainwash them? According to the evidence, one of you had said that children were like white sheet, and you people had to act first. Of course, you may ..read more

Hong Kong Rule of Law Report 2022 Tells a Global Cautionary Tale of Human Rights and Democracy The concept of the rule of law is a cornerstone of any just society. However, without concrete implementation, it remains a mere abstraction. The Hong Kong Rule of Law Report for 2022 delves deep into the practical functioning of the rule of law in Hong Kong, exploring its implications for human rights and governmental accountability. The Thin Line: Rule of Law vs. Suppression of Freedom The report underscores the critical importance of safeguarding human rights and ensuring checks and balances over ..read more