{"id":569,"date":"2025-01-27T14:31:56","date_gmt":"2025-01-27T19:31:56","guid":{"rendered":"https:\/\/lawblogs.uc.edu\/ihrlr\/?p=569"},"modified":"2025-01-27T14:31:56","modified_gmt":"2025-01-27T19:31:56","slug":"black-bauhinia-encroachment-in-hong-kong","status":"publish","type":"post","link":"https:\/\/lawblogs.uc.edu\/ihrlr\/2025\/01\/27\/black-bauhinia-encroachment-in-hong-kong\/","title":{"rendered":"Black Bauhinia: Encroachment in Hong Kong"},"content":{"rendered":"

Carrington Calder, Associate Member, Immigration & Human Rights Law Review<\/em><\/p>\n

\"\"
Hong Kong Protest | Sept. 7, 2019 | Photo by Tauno T\u00f5hk<\/figcaption><\/figure>\n

I. Introduction<\/strong><\/p>\n

Hong Kong has operated under the \u201cone country, two systems\u201d policy since 1997, which guarantees greater freedoms and human rights for Hong Kong than those in the People\u2019s Republic of China (PRC).[1]<\/a> At the core of these freedoms are the right to expression and assembly, guaranteed by the 1985 Sino-British Joint Declaration, which set the terms of Hong Kong\u2019s handover from the United Kingdom (U.K.) and is valid until 2047.[2]<\/a> However, Hong Kong has witnessed these rights diminished as a result of Chinese incursion beginning in 2014\u2014well before the Joint Declaration\u2019s expiration date.[3]<\/a> Most recently, in March 2024, the Hong Kong Legislative Council unanimously enacted Article 23, a national security ordinance that further restricts the freedoms of Hong Kong citizens and has been demonstrated by a crackdown on political dissonance.[4]<\/a><\/p>\n

This blog argues that the PRC\u2019s policies towards Hong Kong including Article 23 violate Hong Kong\u2019s traditional sovereignty under the Joint Declaration and protections for human rights under the International Covenant on Civil and Political Rights (ICCPR).[5]<\/a> Part II provides background on the beginning of the \u201cone country, two systems\u201d policy and details the PRC\u2019s restrictions imposed upon Hong Kong.[6]<\/a> Part III discusses the PRC\u2019s policies and how they violate the 1997 handover agreement and several provisions of the ICCPR. Part IV concludes by advocating the need for continued vigilance by the United Nations (U.N.).<\/p>\n

II. Background<\/strong><\/p>\n

A. Turnover from British Rule in 1997<\/span><\/p>\n

Hong Kong became a British territory in 1842 under the Treaty of Nanjing.[7]<\/a> British control was later extended over the territory through an unconventional 99-year lease with China in 1898.[8]<\/a> The expiration of this lease prompted the Sino-British Joint Declaration in 1985.[9]<\/a> The Joint Declaration ceded Hong Kong to China while restricting China\u2019s control over the territory until 2047.[10]<\/a> By that time, China anticipated that Hong Kong would voluntarily integrate into the PRC.[11]<\/a> The Joint Declaration led to the \u201cone country, two systems\u201d policy and promised to preserve Hong Kong\u2019s traditional freedoms and autonomy of its judicial, legislative, and executive branches.[12]<\/a> Specifically, the agreement guaranteed the freedoms of speech, press, assembly, and association.[13]<\/a> This treaty was registered with the U.N. and is legally binding upon the PRC.[14]<\/a><\/p>\n

B. Incursion by the P.R.C.<\/span><\/p>\n

In 2019, large-scale protests erupted in Hong Kong in response to an extradition bill named the Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation.[15]<\/a> Protestors feared that the legislation would enable the PRC to extradite and punish Hong Kong citizens.[16]<\/a> The bill was introduced by Hong Kong Chief Executive Carrie Lam, who was elected by a committee largely composed of PRC loyalists.[17]<\/a> This led to accusations that the bill aligned with the PRC\u2019s agenda.[18]<\/a> The protests, the largest in Hong Kong\u2019s history, initially succeeded in achieving their goals.[19]<\/a> The extradition bill was withdrawn and pro-democracy candidates experienced a landslide victory in the 2019 district council elections.[20]<\/a><\/p>\n

However, in 2020, the National People\u2019s Congress (NPC) of China retaliated by enacting a new security law that bypassed Hong Kong\u2019s legislative council.[21]<\/a> This was made possible due to the mechanisms of Article 18 and Annex III of Hong Kong\u2019s Basic Law.[22]<\/a> Article 18 states that PRC national laws shall not be in effect in Hong Kong except for those listed in Annex III.[23]<\/a> However, the NPC Standing Committee, after consulting the Hong Kong Basic Law Committee, has the authority to determine what laws are included in Annex III.[24]<\/a> The NPC adopted the measure with 2,878 votes in favor and just one against with no resistance from the Hong Kong Basic Law Committee.[25]<\/a><\/p>\n

The new law established the Office for Safeguarding National Security, a NPC enforcement presence in Hong Kong.[26]<\/a> The official intentions of the law was to prevent subversive and terrorist activities.[27]<\/a> Lam praised it as a solution to the \u201csocial unrest which has troubled Hong Kong people for nearly a year.\u201d[28]<\/a> Those charged under the law could be denied due process as any proceeding would be allowed to take place behind closed doors.[29]<\/a><\/p>\n

In 2024, under pressure from the PRC, Hong Kong enacted their own version of the national security law, which has drawn international attention due to recent arrests.[30]<\/a> The law criminalizes \u201cendangering national security\u201d and names nine types of offenses including treason, insurrection, espionage, sabotage, external interference, secession, subversion, terrorist activities, and collusion with foreign powers.[31]<\/a><\/p>\n

III. Discussion<\/strong><\/p>\n

The PRC has infringed upon Hong Kong\u2019s rights in contravention of the Joint Declaration and the provisions of the ICCPR through (A) election interference, (B) censorship and other limitations on political rights, and this has resulted in (C) condemnation from foreign bodies.<\/p>\n

A. Election Interference<\/span><\/p>\n

The Joint Declaration established that the PRC has authority over Hong Kong while also promising Hong Kong a \u201chigh degree of autonomy,\u201d except in matters of foreign affairs and defense.[32]<\/a> Despite being a legally binding treaty registered with U.N., the Joint Declaration has been continuously disregarded by the PRC.[33]<\/a> The Joint Declaration requires that the Hong Kong Chief Executive be appointed \u201con the basis of the results of elections or consultations to be held locally.\u201d[34]<\/a> Article 25 of the ICCPR also guarantees the right of every citizen \u201c[t]o take part in the conduct of public affairs, directly or through freely chosen representatives.\u201d[35]<\/a><\/p>\n

The ICCPR is an international treaty promulgated by the U.N. that sets a benchmark for human rights.[36]<\/a> China has signed the treaty but not ratified it.[37]<\/a> However, the PRC agreed that the treaty still applies to Hong Kong in accordance with the Joint Declaration.[38]<\/a> Both of these provisions are intended to ensure that citizens can participate in their own democracies to adequately provide redress for any harms.[39]<\/a> However, evidence demonstrates that the PRC has hijacked the democratic process in Hong Kong.[40]<\/a> Without the ability to fully participate in elections, Hong Kong citizens\u2019 ability to change the status quo will remain limited.[41]<\/a><\/p>\n

According to members of the election committee, during the 2017 Hong Kong Chief Executive election, a PRC advisor notified electors that China \u201cwould not approve the winner of the March 26 election if it deemed him or her unacceptable.\u201d[42]<\/a> The election resulted in the victory of pro-China candidate Carrie Lam.[43]<\/a> Once elected, Lam banned the Hong Kong pro-Independence National Party, declaring it a threat to national security.[44]<\/a> Lam also pledged her support for the 2020 national security bill.[45]<\/a> Her belief that the law would help address recent \u201csocial unrest\u201d was an implicit reference to the pro-Democratic protests.[46]<\/a> Lam further remarked that some human rights were \u201cnot absolute\u201d in the context of the new security law.[47]<\/a><\/p>\n

Hong Kong citizens protested the incursions into Hong Kong elections by holding an unofficial primary election in 2020 that garnered 600,000 votes in the city of seven and a half million.[48]<\/a> However, the authorities jailed forty-five of the election organizers under the 2020 national security law for subversion with one organizer receiving a ten-year prison sentence.[49]<\/a><\/p>\n

During Lam\u2019s term in office, the NPC added additional regulations for Hong Kong elections.[50]<\/a> The alterations included a vetting system to ensure that any potential political candidates would respect the dictates of the national security law among other statutes.[51]<\/a> One NPC party official stated that the power to administer laws should lie in the hands of \u201cpatriots\u201d only.[52]<\/a><\/p>\n

To counteract pro-democracy parties\u2019 victories in the 2019 elections, the NPC responded by removing district council representative seats from the election committee, thus eliminating their ability to vote in the chief executive elections.[53]<\/a> The number of individuals able to vote in choosing election committee members was severely reduced going from 257,992 in 2020 to 7,971 in 2021.[54]<\/a> Voting sections made of longtime pro-democratic supporters, such as education and legal, suffered the most from the reduction in votes.[55]<\/a> Hong Kong citizens responded to the changes in 2021 by holding a boycott of the election.[56]<\/a> However, authorities arrested some individuals who advocated publicly for the boycott.[57]<\/a> Due to these alterations, 2022 saw the election of pro-China candidate John Lee, who ran uncontested for chief executive in 2022.[58]<\/a><\/p>\n

Policy decisions by the PRC that limit the political agency of Hong Kong citizens suggest that they have not afforded Hong Kong its \u201chigh degree of autonomy\u201d as guaranteed under the Joint Declaration.[59]<\/a> Chinese foreign ministry officials have stated that the treaty\u2019s guarantees are \u201cnow history.\u201d[60]<\/a> These policies also violate Article 25 of the ICCPR, by removing the possibility of voting for any pro-democratic candidates, Hong Kong citizens lack the right to \u201cfreely\u201d choose their representatives.[61]<\/a> The NPC hid behind the guise of national security while it arrested and jailed political opposition and formed a culture of fear around political participation in Hong Kong.[62]<\/a> \u00a0By depriving Hong Kong citizens of representation that supports their interests, the PRC has curtailed their ability to apply for redress for human rights violations. [63]<\/a><\/p>\n

B. Censorship<\/span><\/p>\n

The new national security law demonstrates a broad definition of what constitutes \u201ccriminal offenses\u201d against national security.[64]<\/a> The first recorded arrests were of six individuals for social media posts referring to the Tiananmen Square massacre.[65]<\/a> The Tiananmen Square massacre is one of the most heavily censored topics in China because it involves the killing of hundreds of student protestors by PRC troops on June 4, 1989.[66]<\/a> Chow Hang-tung, one of the activists arrested, played a leading role in organizing a candlelight vigil to commemorate the anniversary.[67]<\/a> Authorities charged Hang-tung and others with inciting subversion under the national security law.[68]<\/a><\/p>\n

Hang-tung\u2019s detainment implicates Articles 19 and 21 of the ICCPR, which guarantee the right to freedom of expression and the right to peaceful assembly.[69]<\/a> Hang-tung\u2019s conviction states that her crime was inciting others to take part in an \u201cunauthorized assembly.\u201d[70]<\/a> The right to peaceful assembly under Article 21 of the ICCPR \u201cprotects the ability of people to exercise individual autonomy in solidarity with others.\u201d[71]<\/a> The U.N. explains that peaceful and political assemblies should be given the utmost protection and that any restrictions must be \u201ccontent neutral.\u201d[72]<\/a> The PRC\u2019s retaliation against Chow Hang-tung does not accord with these sentiments. Her arrest demonstrates a blanket restriction against organized protests that refer to the Tiananmen Square massacre.[73]<\/a> Such a restriction is not \u201ccontent neutral\u201d meaning that the expression is repressed based on what is being said rather than how it is being said.[74]<\/a><\/p>\n

Statements such as \u201c[l]iberate Hong Kong, [the] revolution of our times,\u201d have been met with significant prison sentences, with one individual receiving a year and two months.[75]<\/a> Girls as young as fifteen have been arrested for possessing flags advocating Hong Kong\u2019s independence.[76]<\/a> Such arrests demonstrate that citizens have been targeted for political dissent under the pretext of protecting national security.[77]<\/a> U.N. general comments on Article 21 of the ICCPR state that \u201c[g]enerally, the use of flags, uniforms, signs and banners is to be regarded as a legitimate form of expression that should not be restricted, even if such symbols are reminders of a painful past.\u201d[78]<\/a> The U.N. general comment provides explanation on what conduct is prohibited to accord with the ICCPR.[79]<\/a> The examples given prove that the PRC has disregarded its requirements.[80]<\/a><\/p>\n

Further violating the right to free expression under the ICCPR, large media companies have been targets of the PRC.[81]<\/a> Apple Daily<\/em>, a pro-democracy newspaper, did not survive the PRC\u2019s 2020 round of repression.[82]<\/a> The company founder, Jimmy Lai, was arrested under the 2020 national security law and charged with conspiracy to commit collusion with foreign countries and external forces, along with sedition.[83]<\/a> Lai has been held in solitary confinement since then.[84]<\/a> Such detainments might intimidate others from exercising free speech thereby violating Article 9 of the ICCPR, which prohibits arbitrary arrest or detention.[85]<\/a><\/p>\n

The repression of news organizations has resulted in a chilling of free speech. Press organizations have canceled annual human rights awards for fear of government retaliation.[86]<\/a> Without freedom of the press, accurate reporting of Hong Kong\u2019s situation becomes precarious, allowing human rights abuses to be hidden from view.[87]<\/a> Under Article 19 of ICCPR, there are no permitted exceptions or restrictions to the freedom to hold opinions without interference.[88]<\/a><\/p>\n

News organizations are not the only media hit with government censorship under the PRC. Books and movies have also suffered repression in Hong Kong.[89]<\/a> Authorities censored pro-democratic books written by Hong Kong activists such as Joshua Wong. Wong stated that the national security law prompted their removal from libraries.[90]<\/a> Documentaries such as Inside the Red Brick Wall<\/em>, which depicts the 2019 Hong Kong protests have also been met with censorship.[91]<\/a> Despite not being officially banned, theaters refused to screen Inside the Red Brick Wall<\/em> due to fears of violating the national security law.[92]<\/a> Other documentaries, such as Revolution of Our Times <\/em>state in the documentary\u2019s trailer that the film cannot be shown in Hong Kong.[93]<\/a> The national security law allows for the restriction of these films, with the PRC stating that they will censor \u201cany act or activity which may amount to an offence endangering national security.\u201d[94]<\/a><\/p>\n

The national security law also targets charitable organizations.[95]<\/a> The 612 Humanitarian Relief Fund was an organization that provided medical and legal assistance to anti-government protestors.[96]<\/a> In 2021, authorities used the national security law to demand operational information from the Fund.[97]<\/a> After facing accusations of working for foreign agents and concerns of possible retaliation against donors, the fund decided to cease operations.[98]<\/a> Such policies create a climate of fear for Non-Governmental Organizations (NGOs) and other charities, severely limiting their ability to operate in Hong Kong.[99]<\/a> This chilling effect risks limiting international organizations from providing aid to Hong Kong citizens.[100]<\/a> Without assistance from NGOs, human rights issues may be exacerbated under the NPC\u2019s regime.[101]<\/a><\/p>\n

C. Condemnation<\/span><\/p>\n

Foreign nations have condemned the PRC\u2019s actions in Hong Kong including the United States and the United Kingdom, as well as international bodies such as the U.N.[102]<\/a> The PRC has met these condemnations with an intensely nationalistic stance.[103]<\/a> For instance, the Chinese ambassador to the United Kingdom stated that the United Kingdom \u201cshould seriously reflect on the consequences of its words and deeds\u201d after the country reminded China of its obligations under the Sino-British Joint Declaration.[104]<\/a> Such rhetoric not only indicates that the PRC is unlikely to change its policies in the near future, but also hurts the potential for civil discourse on the topic with foreign powers.[105]<\/a><\/p>\n

The ICCPR enshrines the right to liberty, due process, freedom from arbitrary interference, and freedom of speech, association, and assembly.[106]<\/a> For its disregard of these human rights, the PRC justifiably deserves condemnation by the U.N. and continued sanctions by foreign nations.[107]<\/a> International pressure should be applied to the PRC to help alleviate the plight of Hong Kong citizens.[108]<\/a> The status of Hong Kong must continue to be monitored to ensure prompt responses from international organizations such as the U.N.[109]<\/a><\/p>\n

IV. Conclusion<\/strong><\/p>\n

By law, Hong Kong is entitled to its autonomy and the freedoms associated with it.[110]<\/a> However, in practice, the citizens of Hong Kong have witnessed their rights dissipate under the control of the PRC.[111]<\/a> Since the institution of the one country, two systems policy, Hong Kong has experienced a precipitous decline in its ability for self-governance.[112]<\/a> Through the PRC\u2019s control of Hong Kong elections, Hong Kong citizens lack agency in their governance.[113]<\/a> Without this agency the interests of Hong Kong citizens will not be adequately represented.[114]<\/a> While in control of Hong Kong\u2019s governance, the PRC has enforced a policy of censorship and repression.[115]<\/a> For these actions the PRC should be condemned for their disregard of human rights in Hong Kong. The U.N. and foreign nations should continue to hold the PRC accountable for its violation of the Sino-British Joint Declaration and human rights violations under the ICCPR.[116]<\/a><\/p>\n

 <\/p>\n

 <\/p>\n

[1]<\/a> William H. Overholt, The Rise and Fall of \u201cOne Country, Two Systems\u201d<\/em>, Harv. Kennedy Sch. (2019), https:\/\/ash.harvard.edu\/wp-content\/uploads\/2024\/02\/overholt_hong_kong_paper_final.pdf [https:\/\/perma.cc\/3G6B-URV3].<\/p>\n

[2]<\/a> Tony Cheung, Too Soon to Talk About 2047? Legal Experts Split on When Hong Kong Should Debate its Future<\/em>, S. China Morning Post (May 10, 2016, 6:36 PM), https:\/\/www.scmp.com\/news\/hong-kong\/politics\/article\/1943075\/too-soon-talk-about-2047-legal-experts-split-when-hong-kong [https:\/\/perma.cc\/5YD8-TTA5].<\/p>\n

[3]<\/a> Hong Kong Hits ‘Pause’ on China Extradition Bill in an Attempt to Restore Calm<\/em>, Nat\u2019l Post (June 15, 2019), https:\/\/plus.lexis.com\/api\/permalink\/5525dc3f-87af-4f39-bce6-4cf84e9c96a8\/?context=1530671.<\/p>\n

[4]<\/a> Hong Kong: Arrests Under New National Security Law a \u2018Shameful Attempt\u2019 at Suppressing Peaceful Commemoration of Tiananmen Crackdown<\/em>, Amnesty Int\u2019l (May 28, 2024), https:\/\/www.amnesty.org\/en\/latest\/news\/2024\/05\/hong-kong-arrests-under-new-national-security-law-a-shameful-attempt-at-suppressing-peaceful-commemoration-of-tiananmen-crackdown\/ [https:\/\/perma.cc\/6QJ3-KDYP].<\/p>\n

[5]<\/a> Louisa Brooke-Holland, Hong Kong: The Joint Declaration<\/em>, House of Commons Libr. (July 5, 2019), https:\/\/researchbriefings.files.parliament.uk\/documents\/CBP-8616\/CBP-8616.pdf [https:\/\/perma.cc\/8FN5-GQUF]; Xianggang Jiben Fa art. 39 (H.K.).<\/p>\n

[6]<\/a> Overholt, supra<\/em> note 1.<\/p>\n

[7]<\/a> Treaty of Nanjing<\/em>, Britannica, https:\/\/www.britannica.com\/event\/Treaty-of-Nanjing [https:\/\/perma.cc\/VY9N-EQHP]. (last visited Jan. 16, 2025).<\/p>\n

[8]<\/a> Convention Respecting an Extension of Hong Kong Territory<\/em>, The Am. J. of Int\u2019l L. (Oct. 1910), https:\/\/www.jstor.org\/stable\/2212073<\/a> [https:\/\/perma.cc\/M7T4-444Y].<\/p>\n

[9]<\/a> Overholt, supra<\/em> note 1.<\/p>\n

[10]<\/a> Holland, supra <\/em>note 5.<\/p>\n

[11]<\/a> Id. <\/em><\/p>\n

[12]<\/a> Id. <\/em>However, this was not the first attempt to implement the \u201cone country, two systems\u201d model, as it was used in earlier attempts to annex Taiwan.<\/p>\n

[13]<\/a> Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People’s Republic of China on the Question of Hong Kong, U.K.-China, art. 13, Dec. 19, 1984.<\/p>\n

[14]<\/a> Holland, supra <\/em>note 5.<\/p>\n

[15]<\/a> Nat\u2019l Post, supra <\/em>note 3.<\/p>\n

[16]<\/a> Id.<\/em><\/p>\n

[17]<\/a> Id<\/em>.<\/p>\n

[18]<\/a> Id.<\/em><\/p>\n

[19]<\/a> T.Y. Wang, Hong Kong and the 2019 Anti-Extradition Bill Movement<\/em>, 58 J.\u00a0 Asian & Afr. Stud. 3, 3-7 (2023), https:\/\/doi.org\/10.1177\/00219096221124983 [https:\/\/perma.cc\/7N32-Q6Q7].<\/p>\n

[20]<\/a> James Griffiths et al., Landslide Victory for Hong Kong Pro-Democracy Parties in De Facto Protest Referendum<\/em>, CNN (Nov. 25, 2019, 6:05 AM EST), https:\/\/www.cnn.com\/2019\/11\/24\/asia\/hong-kong-district-council-elections-intl\/index.html [https:\/\/perma.cc\/V96U-JMJE].<\/p>\n

[21]<\/a> Dang Yuan, Hong Kong Security Law: What Does China Want?<\/em> DW (June 8, 2020), https:\/\/www.dw.com\/en\/hong-kong-security-law-what-does-china-really-intend\/a-53735706 [https:\/\/perma.cc\/UWB9-YBHC].<\/p>\n

[22]<\/a> Xianggang Jiben Fa art. 38 (H.K.).<\/p>\n

[23]<\/a> Id. <\/em><\/p>\n

[24]<\/a> Id. <\/em><\/p>\n

[25]<\/a> Yuan, supra <\/em>note 21.<\/p>\n

[26]<\/a> Helen Regan, China Passes Sweeping Hong Kong National Security Law<\/em>, CNN (June 30, 2020, 4:25 PM EDT), https:\/\/www.cnn.com\/2020\/06\/29\/china\/hong-kong-national-security-law-passed-intl-hnk\/index.html [https:\/\/perma.cc\/CZ2Q-SCCC].<\/p>\n

[27]<\/a> Id.<\/em><\/p>\n

[28]<\/a> Id.<\/em><\/p>\n

[29]<\/a> Yuan, supra <\/em>note 21.<\/p>\n

[30]<\/a> Amnesty Int\u2019l, supra<\/em> note 4.<\/p>\n

[31]<\/a> Hong Kong Adopts New National Security Ordinance: Article 23<\/em>, Cong. Rsch. Serv. (Apr. 1, 2024), https:\/\/crsreports.congress.gov\/product\/pdf\/IN\/IN12341 [https:\/\/perma.cc\/8BU4-6G6V].<\/p>\n

[32]<\/a> Brooke-Holland, supra <\/em>note 5.<\/p>\n

[33]<\/a> Id. <\/em><\/p>\n

[34]<\/a> Id.<\/em><\/p>\n

[35]<\/a> U.N. General Assembly,\u00a0International Covenant on Civil and Political Rights<\/em>, United Nations, vol. 999, p. 171, (Dec. 16, 1966), https:\/\/www.refworld.org\/legal\/agreements\/unga\/1966\/en\/17703. [https:\/\/perma.cc\/W9NH-M7LM].<\/p>\n

[36]<\/a> Id.<\/em><\/p>\n

[37]<\/a> UN Treaty Bodies and China, <\/em>Hum. Rts. in China, https:\/\/www.hrichina.org\/en\/un-treaty-bodies-and-china#:~:text=Although%20China%20signed%20on%20to,specific%20provisions%20of%20the%20ICCPR. [https:\/\/perma.cc\/Y3V2-ZF4P]. (last visited Jan. 16, 2025).<\/p>\n

[38]<\/a> Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People’s Republic of China on the Question of Hong Kong, U.K.-China, art. 8, Dec. 19, 1984.<\/p>\n

[39]<\/a> UN Treaty Bodies and China, <\/em>Human Rights in China, https:\/\/www.hrichina.org\/en\/un-treaty-bodies-and-china#:~:text=Although%20China%20signed%20on%20to,specific%20provisions%20of%20the%20ICCPR. [https:\/\/perma.cc\/Y3V2-ZF4P]. (last visited Jan. 17, 2024).<\/p>\n

[40]<\/a> Joyce Ng and Jasmine Siu, Fairness of Hong Kong Chief Executive Poll Under Threat From Ex-Leaders Comments, Lawyers Say, <\/em>South China Morning Post (Feb. 23, 2017), https:\/\/plus.lexis.com\/api\/permalink\/b90be56b-e282-4c9f-84ae-fc8011df43a7\/?context=1530671.<\/p>\n

[41]<\/a> Id.<\/em><\/p>\n

[42]<\/a> Id.<\/em><\/p>\n

[43]<\/a> Timeline: The Life and Career of Hong Kong Leader Carrie Lam<\/em>, AP News (Apr. 4, 2022, 8:54 AM EST), https:\/\/apnews.com\/article\/hong-kong-government-carrie-lam-china-hong-kong-13fe19beb32152979f9523a33fd07ae0 [https:\/\/perma.cc\/3YU4-LDM8].<\/p>\n

[44]<\/a> Alvin Lum, Hong Kong National Party Founders Lodge Separate Appeals Against Ban in Effort to Avoid Further Legal Action<\/em>, S. China Morning Post (Oct. 24, 2018), https:\/\/plus.lexis.com\/api\/permalink\/cf736d82-85a4-405b-bb3e-690ccf995aa6\/?context=1530671.<\/p>\n

[45]<\/a> Regan, supra<\/em> note 26.<\/p>\n

[46]<\/a> The Hong Kong Protests Explained in 100 and 500 Words<\/em>, BBC (Nov. 27, 2019), https:\/\/www.bbc.com\/news\/world-asia-china-49317695 [https:\/\/perma.cc\/ES2Y-Z777].<\/p>\n

[47]<\/a> Helen Davidson & Lily Kuo, Hong Kong: Hundreds Arrested as Security Law Comes into Effect<\/em>, The Guardian (July 1, 2020, 8:44 EDT), https:\/\/www.theguardian.com\/world\/2020\/jul\/01\/hong-kong-protesters-arrested-as-security-law-comes-into-effect [https:\/\/perma.cc\/FAR5-U6VC].<\/p>\n

[48]<\/a> Jennifer Jett, 45 Hong Kong Pro-Democracy Activists Are Sentenced to Jail in City\u2019s Biggest National Security Trial, <\/em>NBC News (Nov. 19, 2024, 3:43 AM EST), https:\/\/www.nbcnews.com\/news\/world\/hong-kong-47-democracy-activists-sentenced-national-security-rcna180290 [https:\/\/perma.cc\/8KH3-7QR3].<\/p>\n

[49]<\/a> Id.<\/em><\/p>\n

[50]<\/a> Kelly Ho, Beijing Approves Resolution to Overhaul Hong Kong\u2019s Elections \u2013 Candidates to be Vetted<\/em>, H.K. Free Press (last updated Mar. 15, 2021, 20:25), https:\/\/hongkongfp.com\/2021\/03\/11\/breaking-beijing-approves-resolution-to-impose-electoral-overhaul-on-hong-kong\/ [https:\/\/perma.cc\/GT8V-FZMN].<\/p>\n

[51]<\/a> Id.<\/em><\/p>\n

[52]<\/a> Id.<\/em><\/p>\n

[53]<\/a> Candice Chau, Explainer: Hong Kong\u2019s Election Committee Determines Who Leads the City \u2013 What Is It and How Does It Work,?<\/em> H.K. Free Press (last updated May 8, 2022, 15:25), https:\/\/hongkongfp.com\/2022\/05\/07\/explainer-hong-kongs-election-committee-determines-who-leads-the-city-what-is-it-and-how-does-it-work\/ [https:\/\/perma.cc\/BBV4-CEGQ].<\/p>\n

[54]<\/a> Id.<\/em><\/p>\n

[55]<\/a> Id.<\/em><\/p>\n

[56]<\/a> Erin Hale, Hong Kong gears up for \u2018patriots-only\u2019 poll amid boycott calls<\/em>, Al Jazeera (Dec. 15, 2021), https:\/\/www.aljazeera.com\/news\/2021\/12\/15\/hong-kong-cracks-down-on-boycott-calls-ahead-of-legislative-vote [https:\/\/perma.cc\/9YJN-N6WQ].<\/p>\n

[57]<\/a> Id.<\/em><\/p>\n

[58]<\/a> Chau, supra <\/em>note 53.<\/p>\n

[59]<\/a> Brooke-Holland, supra <\/em>note 5.<\/p>\n

[60]<\/a> Id. <\/em><\/p>\n

[61]<\/a> International Covenant on Civil and Political Rights, Dec. 16, 1966, 999 U.N.T.S. 171 [hereinafter ICCPR].<\/p>\n

[62]<\/a> Jett, supra <\/em>note 48.<\/p>\n

[63]<\/a> Id.<\/em><\/p>\n

[64]<\/a> Cong. Rsch. Serv., supra <\/em>note 31.<\/p>\n

[65]<\/a> Amnesty Int\u2019l, supra <\/em>note 4.<\/p>\n

[66]<\/a> Tiananmen Square Incident, <\/em>Brittanica (Sept. 23, 2024), https:\/\/www.britannica.com\/event\/Tiananmen-Square-incident [https:\/\/perma.cc\/J5JE-YJ8S].<\/p>\n

[67]<\/a> Hong Kong: Overturning of Chow Hang-Tung Tiananmen Acquittal Another Blow to Rule of Law<\/em>, Amnesty Int\u2019l (Jan. 25, 2024), https:\/\/www.amnesty.org\/en\/latest\/news\/2024\/01\/hong-kong-overturning-of-chow-hang-tung-tiananmen-acquittal-another-blow-to-rule-of-law\/ [https:\/\/perma.cc\/ZQT8-MDVZ].<\/p>\n

[68]<\/a> Id. <\/em><\/p>\n

[69]<\/a> ICCPR, supra<\/em> note 61.<\/p>\n

[70]<\/a> Amnesty Int\u2019l, supra<\/em> note 67.<\/p>\n

[71]<\/a> Hum. Rts. Comm., General Comment No. 37 (2020) on the Right of Peaceful Assembly (Art. 21), U.N. Doc. CCPR\/C\/GC\/37 (Sept. 17, 2020). https:\/\/documents.un.org\/doc\/undoc\/gen\/g20\/232\/15\/pdf\/g2023215.pdf. [https:\/\/perma.cc\/84B8-WCSH].<\/p>\n

[72]<\/a> Id.<\/em><\/p>\n

[73]<\/a> Id. <\/em><\/p>\n

[74]<\/a> Id.<\/em><\/p>\n

[75]<\/a> James Lee, 1 year, 2 Months Jail for First Person Convicted Under Hong Kong\u2019s New Security Law for \u2018Seditious\u2019 T-Shirt<\/em>, H.K. Free Press (Sept. 19, 2024, 3:03 PM EST), https:\/\/hongkongfp.com\/2024\/09\/19\/breaking-1-year-2-months-jail-for-first-person-convicted-under-hong-kongs-new-security-law\/ [https:\/\/perma.cc\/9S28-AA7U].<\/p>\n

[76]<\/a> Helen Davidson & Lily Kuo, supra <\/em>note 47.<\/p>\n

[77]<\/a> Id.<\/em><\/p>\n

[78]<\/a> Comm. No. 37 (2020) on the Right of Peaceful Assembly (article 21), U.N. Doc. CCPR\/C\/GC\/37 (2020).<\/p>\n

[79]<\/a> Id.<\/em><\/p>\n

[80]<\/a> Id.<\/em><\/p>\n

[81]<\/a> Sum Lok-kei, A Year on from Apple Daily\u2019s Closure, What\u2019s Left of Hong Kong\u2019s Free Press?,<\/em> The Guardian (June 24, 2022, 1:01 PM EDT), https:\/\/www.theguardian.com\/global-development\/2022\/jun\/24\/year-on-from-pro-democracy-apple-daily-closure-whats-left-of-hong-kongs-free-press [https:\/\/perma.cc\/TQJ4-KJHV].<\/p>\n

[82]<\/a> Id.<\/em><\/p>\n

[83]<\/a> Id.<\/em><\/p>\n

[84]<\/a> Sven Hanson, Publisher Jimmy Lai Sentenced Again<\/em>, Taz (Aug. 13, 2024, 7:18 AM), https:\/\/taz.de\/Demokratieaktivist-in-Hongkong\/!6026813\/ [https:\/\/perma.cc\/957N-6KJU].<\/p>\n

[85]<\/a> ICCPR, supra <\/em>note 60.<\/p>\n

[86]<\/a> Helen Davidson, Hong Kong\u2019s Human Rights Press Awards Scrapped Over Security Law Fears<\/em>, The Guardian (Apr. 25, 2022), https:\/\/www.theguardian.com\/world\/2022\/apr\/25\/hong-kong-human-rights-press-awards-foreign-correspondents-club-scrapped-security-law-fears [https:\/\/perma.cc\/Q5M6-SPSC].<\/p>\n

[87]<\/a> Id. <\/em><\/p>\n

[88]<\/a> Comm. No. 34 Article 19: Freedoms of Opinion and Expression, 102nd<\/sup> Sess. (2011).<\/p>\n

[89]<\/a> Holmes Chan, Children\u2019s Books With LGBTQ Themes Disappear From Shelves at Hong Kong Libraries Amid Pressure From Anti-Gay Group<\/em>, H.K. Free Press (Mar. 31, 2020, 22:04), https:\/\/hongkongfp.com\/2018\/06\/20\/childrens-books-lgbtq-themes-disappear-shelves-hong-kong-libraries-amid-pressure-anti-gay-group\/ [https:\/\/perma.cc\/8YFR-PQCL].<\/p>\n

[90]<\/a> Democracy Books Disappear From Hong Kong Libraries, Including Title by Activist Joshua Wong<\/em>, H.K. Free Press (July 4, 2020, 21:00), https:\/\/hongkongfp.com\/2020\/07\/04\/democracy-books-disappear-from-hong-kong-libraries-including-title-by-activist-joshua-wong\/ [https:\/\/perma.cc\/S6W3-RNUS].<\/p>\n

[91]<\/a> Vivienne Chow, Film Censorship in Hong Kong, <\/em>Bundeszentrale F\u00fcr Politische Bildung [Fed. Ctr. for Pol. Educ.] (Jan. 2, 2024), https:\/\/www.bpb.de\/lernen\/filmbildung\/hongkongkino\/541761\/film-censorship-in-hong-kong\/ [https:\/\/perma.cc\/CPQ7-T3FR].<\/p>\n

[92]<\/a> Id.<\/em><\/p>\n

[93]<\/a> Id.<\/em><\/p>\n

[94]<\/a> Jessie Pang, Hong Kong to Censor Films Under National Security Law<\/em>, Reuters (June 11, 2021, 6:23 AM EDT), https:\/\/www.reuters.com\/world\/asia-pacific\/hong-kong-censor-films-under-national-security-law-2021-06-11\/ [https:\/\/perma.cc\/HT4Z-N4GU].<\/p>\n

[95]<\/a> Irene Chan, Hong Kong National Security Police Arrest 2 in Connection with Protester Relief Fund<\/em>, H.K. Free Press (Aug. 29, 2023, 17:32), https:\/\/hongkongfp.com\/2023\/08\/29\/hong-kong-national-security-police-arrest-2-in-connection-with-protester-relief-fund\/ [https:\/\/perma.cc\/RB3Q-TAKV].<\/p>\n

[96]<\/a> Chris Lua, Hong Kong National Security Law: Protest Fund Facing Foreign Collusion Probe to Stop Taking Donations ‘Until Further Notice’<\/em>, S. China Morning Post (Sept. 6, 2021), https:\/\/plus.lexis.com\/api\/permalink\/84c5927d-fb60-4442-b97b-95396810bf6c\/?context=1530671.<\/p>\n

[97]<\/a> Id.<\/em><\/p>\n

[98]<\/a> Id.<\/em><\/p>\n

[99]<\/a> Id.<\/em><\/p>\n

[100]<\/a> Id.<\/em><\/p>\n

[101]<\/a> Id.<\/em><\/p>\n

[102]<\/a> Hong Kong: Rushed Adoption of New Security Law a \u2018Regressive Step\u2019 – UN rights chief<\/em>, United Nations (Mar. 19, 2024), https:\/\/news.un.org\/en\/story\/2024\/03\/1147721 [https:\/\/perma.cc\/FSM4-ZESA]; \u00a0Congressional Rsch Serv., supra <\/em>note 29; Brooke-Holland, supra <\/em>note 5.<\/p>\n

[103]<\/a> Id.<\/em><\/p>\n

[104]<\/a> Id.<\/em><\/p>\n

[105]<\/a> Id.<\/em><\/p>\n

[106]<\/a> ICCPR, supra<\/em> note 61.<\/p>\n

[107]<\/a> Cong. Rsch. Serv., supra <\/em>note 31.<\/p>\n

[108]<\/a> Id.<\/em><\/p>\n

[109]<\/a> ICCPR, supra<\/em> note 61.<\/p>\n

[110]<\/a> Brooke-Holland, supra <\/em>note 5.<\/p>\n

[111]<\/a> Cong. Rsch. Serv., supra <\/em>note 31.<\/p>\n

[112]<\/a> Amnesty Int\u2019l, supra<\/em> note 4.<\/p>\n

[113]<\/a> Ho, supra<\/em> note 50.<\/p>\n

[114]<\/a> Id.<\/em><\/p>\n

[115]<\/a> Cong. Rsch. Serv., supra <\/em>note 31.<\/p>\n

[116]<\/a> Brooke-Holland, supra <\/em>note 5; ICCPR, supra<\/em> note 61.<\/p>\n","protected":false},"excerpt":{"rendered":"

Carrington Calder, Associate Member, Immigration & Human Rights Law Review I. Introduction Hong Kong has operated under the \u201cone country, two systems\u201d policy since 1997, which guarantees greater freedoms and human rights for Hong Kong than those in the People\u2019s Republic of China (PRC).[1] At the core of these freedoms are the right to expression […]<\/p>\n","protected":false},"author":65,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[10,24],"tags":[291,160,289,39,290,292],"class_list":{"0":"post-569","1":"post","2":"type-post","3":"status-publish","4":"format-standard","6":"category-human-rights","7":"category-international-law","8":"tag-authoritarianism","9":"tag-china","10":"tag-hong-kong","11":"tag-human-rights","12":"tag-political-dissent","13":"tag-protest","14":"czr-hentry"},"aioseo_notices":[],"jetpack_featured_media_url":"","_links":{"self":[{"href":"https:\/\/lawblogs.uc.edu\/ihrlr\/wp-json\/wp\/v2\/posts\/569","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lawblogs.uc.edu\/ihrlr\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lawblogs.uc.edu\/ihrlr\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lawblogs.uc.edu\/ihrlr\/wp-json\/wp\/v2\/users\/65"}],"replies":[{"embeddable":true,"href":"https:\/\/lawblogs.uc.edu\/ihrlr\/wp-json\/wp\/v2\/comments?post=569"}],"version-history":[{"count":1,"href":"https:\/\/lawblogs.uc.edu\/ihrlr\/wp-json\/wp\/v2\/posts\/569\/revisions"}],"predecessor-version":[{"id":571,"href":"https:\/\/lawblogs.uc.edu\/ihrlr\/wp-json\/wp\/v2\/posts\/569\/revisions\/571"}],"wp:attachment":[{"href":"https:\/\/lawblogs.uc.edu\/ihrlr\/wp-json\/wp\/v2\/media?parent=569"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lawblogs.uc.edu\/ihrlr\/wp-json\/wp\/v2\/categories?post=569"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lawblogs.uc.edu\/ihrlr\/wp-json\/wp\/v2\/tags?post=569"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}