The Hong Kong government today (24 December) once again invoked the National Security Law (NSL) to issue arrest warrants for six overseas Hongkongers and imposed measures under the Safeguarding National Security Ordinance (SNSO) on seven other overseas Hongkongers who were similarly targeted last year. The Hong Kong Centre for Human Rights strongly condemns the government for criminalising free expression and peaceful political advocacy, abusing national security as a pretext, and violating human rights protections under the International Covenant on Civil and Political Rights (ICCPR).

The Centre emphasises that peaceful advocacy and political opinions are protected under the ICCPR, even if such views are unwelcome by the Chinese and Hong Kong governments. These actions do not constitute threats to national security. The government must not suppress calls for democracy, human rights advocacy, or criticism of government and political systems under the guise of national security.

Additionally, the Centre expresses grave concern over the Secretary for Security’s decision, under section 89(4) of the SNSO, to suspend Hong Kong lawyers Dennis Kwok and Kevin Yam’s qualifications to practise law. This undermines the independence of the legal profession and threatens the foundation of the rule of law. The independence of the legal profession is a cornerstone of Hong Kong’s common law system and a critical component of international human rights standards. Disbarment should be limited to the most serious cases of professional misconduct and must be carried out through transparent and fair procedures. The government’s bypassing of independent regulatory bodies in this matter raises significant concerns about professional autonomy.

Moreover, NSL Article 47 and SNSO section 115 grant the Chief Executive powers to interfere in judicial processes, including issuing legally binding certificates on whether a matter involve national security, and designating judges for national security cases. Together with measures such as exempting jury trials and holding closed-door hearings, these provisions further erode judicial independence, enabling the executive branch to influence judicial outcomes and undermining the basic principles of the rule of law.

The Hong Kong government’s continued abuse of national security laws not only weakens the credibility of Hong Kong’s legal system but also exposes the real and growing political threats to judicial independence and professional autonomy in the legal sector. The Hong Kong Centre for Human Rights reiterates that the UN High Commissioner for Human Rights, human rights treaty bodies, and UN special rapporteurs have repeatedly criticised the NSL for violating human rights. They have called for its repeal and an immediate cessation of related prosecutions. The Hong Kong government must heed these recommendations and take concrete remedial actions without delay.

Press Release in Full Text: https://hkchr.org/wp-content/uploads/2024/12/PRESS-HKCHR20241224.pdf