UN Experts Urge Beijing To Review New Security Law

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2020-09-04 HKT 10:57

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  • UN rights experts have raised concern that provisions of the new law appear to undermine judicial independence and freedom of expression in Hong Kong. File photo: AFP

    UN rights experts have raised concern that provisions of the new law appear to undermine judicial independence and freedom of expression in Hong Kong. File photo: AFP

UN human rights experts have told China a new security law for Hong Kong "infringes on certain fundamental rights" and urged Beijing to appoint a "fully independent reviewer" to examine the legislation's compliance with its international human rights obligations.

In a rare joint letter made public on Friday, 48 hours after it was sent to the Chinese government, they also said provisions of the new law appear to undermine the independence of Hong Kong's judges and lawyers, and the right to freedom of expression.

The "open letter" reflected a detailed legal analysis of the national security law imposed in Hong Kong from July 1, which had already drawn UN criticism before its adoption.

The law targets subversion, terrorism or collusion with foreign forces to be punished with up to life in prison. Authorities in Beijing and Hong Kong have said the law is necessary to ensure the city's stability and prosperity.

Critics say the legislation further erodes the wide-ranging freedoms promised to Hong Kong on its return to Chinese rule in 1997 under a "one country, two systems" agreement.

The 14-page letter, posted on the website of the UN human rights office, was sent by Fionnuala Ni Aolain, UN special rapporteur on protecting human rights while countering terrorism, and six other UN experts.

The independent experts said the law's measures do not conform to China's legal obligations under international law and voiced concern that the legislation "lacks precision in key respects, (and) infringes on certain fundamental rights".

The law "should not be used to restrict or limit protected fundamental freedoms, including the rights to opinion, expression, and of peaceful assembly", they said.

The group also expressed concern that "many legitimate activities" of human rights defenders in Hong Kong would be redefined as illegal.

The experts urged China to explain how it plans to enforce "extra-territorial jurisdiction" contained in the new law so as to ensure it complies with a landmark international treaty on civil and political rights, signed by Beijing.

China should appoint a "fully independent reviewer" to examine the law's compliance with its international human rights obligations, the experts said.

The foreign ministry spokesman in Beijing rejected the allegations, saying the law "punishes an extremely small number and protects the absolute majority" in Hong Kong.

"Some people disregard the facts and maliciously slander China's human rights situation... and crudely interfere in China's internal affairs," Hua Chunying told reporters.

"Stop meddling in Hong Kong affairs and China's affairs in any way," she said. (Reuters)

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Last updated: 2020-09-04 HKT 17:25

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