Independent UN human rights experts urged Hong Kong authorities on Wednesday to immediately drop the criminal
prosecution of 15 pro-democracy activists who participated in peaceful protests across the Special Administrative Region
of China last year.
“Nobody should be subjected to administrative or criminal sanctions for taking part in a peaceful protest, even if the
regime governing protests requires an authorization”, said the three Special Rapporteurs.
The experts - Clement Nyaletsossi Voule, Special Rapporteur on the right to peaceful assembly and association; David Kaye, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; and Mary Lawlor, Rapporteur on the situation of human rights defenders – act in their independent capacity to monitor country
situations or thematic issues around the world.Background to protests
The protests were initially sparked in 2019 as a reaction to proposed legislation, which would have allowed the
extradition of criminal suspects to mainland China. At their height, nearly two million people took part in them,
calling for more democratic participation in public affairs.
However, as the standoff between protesters and Hong Kong authorities continued, the number of violent clashes between
the police and individuals grew.
High Commissioner for Human Rights Michelle Bachelet expressed her concern over the escalation of violence in August 2019, calling on authorities and the people of Hong Kong to engage in an open
and inclusive dialogue aimed at peacefully resolving their differences. The experts expressed their concern in a September 2019 press release.
The 15 leading pro-democracy activists were arrested in April 2020 and have been charged with various counts of
assisting in the organization of “unauthorized” assemblies, or participation in them. Some have also been charged with
announcing “unauthorized” marches.
“The charges were filed at a time when protests are restricted for COVID-19 prevention. The persons charged are all leading figures in the pro-democracy movement”, the experts said.
Their trial is due to begin in the former British colony - that was returned to China in 1997 on the principle of “one
country, two systems” - on 18 May.‘Chilling effect’ of arrests
The charges were brought under Hong Kong’s Public Order Ordinance, which establishes an authorization process for
assemblies, contrary to international human rights standards, the UN experts say. “We fear the chilling effect these
arrests aim to have on peaceful protests in Hong Kong”, they added.
Further, the experts said authorities are obligated not to criminalize peaceful protesters or prosecute organizers for
acts of violence committed by individual participants. They called for a review of the Public Order Ordinance in line
with international human rights standards.
The Special Rapporteurs, Independent Experts and Working Groups are part of what is known as the Special Procedures of the Human Rights Council. 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.