Hong Kong Should Respect Human Rights of Democracy Activists During Appeal – UN Experts
GENEVA (6 November 2017) – A group of UN experts has urged Hong Kong to honour its human rights commitments towards
three leading democracy activists when they appeal against their criminal convictions on 7 November.
Joshua Wong, Nathan Law and Alex Chow were jailed in August for between six and eight months for their leadership roles
during the pro-democracy Occupy Central protests in 2015. Wong and Law have since been freed on bail pending their
appeal.
“We urge the Hong Kong Court of Final Appeal to consider the cases of Wong, Law and Chow in accordance with Hong Kong’s
obligations under international human rights law,” the experts said in a joint statement.
“We fear that if their sentences are upheld, this will have the effect of stifling the expression of dissenting
opinions, the right to protest and the overall work of human rights defenders.”
They added: “The right to freedom of expression and peaceful assembly protects people, especially those sharing
dissenting opinions.”
The experts also raised concerns that the Hong Kong Secretary of Justice had previously intervened in the case, to apply
for a change and review of the men’s original lighter sentences.
“We call on the Hong Kong authorities to respect the independence of judicial powers and the rule of law,” the experts
said.
The UN specialists reminded the Hong Kong authorities of their obligations to protect freedom of expression and peaceful
assembly under the International Covenant on Civil and Political Rights, to which Hong Kong is a party and is due to
report in March 2018.
“The international obligations that were recognized by the Hong Kong authorities require positive actions from the local
Government to ensure a safe environment for members of civil society to express their opinions, to conduct peaceful
demonstrations and to participate in public affairs,” the experts highlighted.
The experts also expressed concern that the prosecutions of Wong, Law and Chow reflect a broader assault on fundamental
rights in Hong Kong and a tightening of control over the region by mainland authorities.
“The case against these three activists highlights the deterioration of freedom of expression and peaceful assembly in
China, particularly Hong Kong,” the experts said.
More than 1,000 people were arrested during and after the Occupy Central protests, which took place in the summer and
autumn of 2015. Many were released, but a large number were notified by the police that criminal investigations were
continuing and they could face re-arrest and charges if there was sufficient evidence against them.
The UN experts have been in contact with the authorities and will continue to monitor closely the situation as it
evolves.
ENDS
*The UN experts: Mr David Kaye, Special Rapporteur on the promotion and protection the right to freedom of opinion and expression; and Mr Michel Forst, Special Rapporteur on the situation of human rights defenders.
The Special Rapporteurs are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system,
is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific
country situations or thematic issues in all parts of the world. Special Procedures’ experts work on a voluntary basis;
they are not UN staff and do not receive a salary for their work. They are independent from any government or
organization and serve in their individual capacity.