In January this year, five UN human rights experts issued a communication to the governments of China and Hong Kong, questioning the ongoing and arbitrary detention of Chow Hang-Tung and Lee Cheuk-Yan by the Hong Kong authorities, and expressing grave concern over their situation. The authorities failed to respond within 60 days as required by the procedures of the UN Special Rapporteurs. This communication was recently made public (CHN 23/2025).

Authorities arrested Chow Hang-Tung and Lee Cheuk-Yan under the Hong Kong National Security Law in September 2021 and prosecuted them for “inciting subversion of state power.” The letter explicitly points out that the real reason they were targeted is because of their political opinions, legitimate human rights work, and pro-democracy activities. The authorities’ actions violated their rights to freedom of peaceful assembly and freedom of expression as protected under international human rights law.

The UN experts highlighted several serious human rights violations in this case:

• Prolonged pre-trial detention: Chow Hang-Tung and Lee Cheuk-Yan have been detained for over 50 months awaiting trial. The UN experts noted that this far exceeds the average 11-month pre-trial detention period for national security cases. According to Article 9(3) of the International Covenant on Civil and Political Rights (ICCPR), it shall not be the general rule that persons awaiting trial shall be detained in custody, and everyone is entitled to trial within a reasonable time. General Comment No. 35 of the UN Human Rights Committee also explicitly states that extremely prolonged pretrial detention may jeopardize the presumption of innocence, and courts must examine whether alternatives to pretrial detention would render detention unnecessary.
  
• Solitary confinement as punishment: Chow Hang-Tung has been repeatedly subjected to solitary confinement simply for publicly expressing her opinions. In 2023 alone, she was isolated for 82 days. The UN experts pointed out that such retaliatory treatment may amount to torture or cruel, inhuman or degrading punishment, in violation of Article 7 of the ICCPR. General Comment No. 20 of the Human Rights Committee also confirms that prolonged solitary confinement of a detained person may amount to acts prohibited by the Covenant.
  
• Unfair trial conditions: Chow Hang-Tung is representing herself in court, but she has been denied regular access to a computer or library to prepare her case. This raises serious concerns regarding her right to “adequate time and facilities for the preparation of [her] defence” (ICCPR Article 14(3)(b)). The Human Rights Committee points out that “adequate facilities” must include access to documents and other evidence required to prepare a case. Furthermore, Correctional Services Department personnel blocked her from receiving certain books on the grounds that they might “provoke anti-authority sentiment,” directly violating her right to seek and receive information (ICCPR Article 19(2)).
  
• Criminalizing freedom of expression: The subversion charges against Chow Hang-Tung and Lee Cheuk-Yan are a direct attack on their fundamental freedoms. Human rights law protects the right to share political views and peaceful assembly (ICCPR Articles 19 and 22). General Comment No. 35 of the Human Rights Committee establishes that arrest or detention as punishment for the legitimate exercise of the rights guaranteed by the Covenant (including freedom of expression) is in principle arbitrary detention.

According to the HKCHR, pre-trial detention is on a continuous upward trend in Hong Kong, and is not limited to national security cases. Among the average daily persons in custody in 2025, 40.8% were remand persons in custody; compared to 2021, when remand persons accounted for only 30.4% of the overall average population in custody. This significant increase reflects that more people are being subjected to imprisonment before trial. This data reflects that the protection of personal liberty under Hong Kong’s legal system is declining.

Prior to this, multiple UN human rights experts had already expressed concern over the human rights violations caused by the Hong Kong National Security Law, and the UN Working Group on Arbitrary Detention had already found in 2023 that Chow Hang-Tung was subjected to arbitrary detention (and separately found in 2024 that Jimmy Lai was subjected to unlawful and arbitrary detention for exercising freedom of expression). The issuance of this latest urgent communication by the UN human rights experts reflects that the Hong Kong authorities have failed to address the human rights violations under the Hong Kong National Security Law, and continue to suppress political dissidents.

We urge the international community to call for the Chinese and Hong Kong governments to fulfill their obligations under international human rights law and cease persecuting those who exercise their fundamental human rights and peaceful expression. We believe the Hong Kong government should:

• Immediately release Chow Hang-Tung and Lee Cheuk-Yan, and drop all charges against them.
• Stop using solitary confinement as a tool to punish political prisoners.
• Stop using the National Security Law to criminalize freedom of expression and peaceful activities.