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Chinese and Hong Kong officials said the law, imposed “overnight” by Beijing in June 2020, was necessary to restore and safeguard stability after anti-government and anti-China protests in 2019.
Unclear definition
The UN Human Rights Committee highlighted the shortcomings of the National Security Law (NSL), including its lack of clarity on “national security” and the possibility of transferring business from Hong Kong to mainland China.
“There has been much discussion about recent legislation, including the Hong Kong National Security Law. I think there has been a constructive discussion on these issues and the committee has expressed its concerns,” said Photini Pazartzis, chair of the Human Rights Committee, at a press conference in Geneva .
The panel urged Hong Kong to repeal the national security law and, in the meantime, refrain from implementing it.
“The Committee was deeply concerned by the overly broad interpretation of Hong Kong’s national security law, the NSL, which was adopted by the National People’s Congress of China without consultation with the Hong Kong public,” said the vice-president, Christopher Arif Balkan.
Dozens of child arrests
He added that since its introduction in 2020, the NSL has reportedly led to the arrest of “more than 200 people, including 12 children”.
The Committee monitors the application of International Covenant on Civil and Political Rights (ICCPR) by States Parties. She published her findings on Hong Kong following a planned review in Geneva.
The Hong Kong Special Administrative Region is a signatory to the Covenant on Investigation, Prosecution, Trial and Enforcement of Sanctions, but mainland China is not.
“Once a State Party has signed up to the Covenant, it has an obligation that these rights be paramount.
“In other words, your local law cannot derogate from these rights. After all, there are human rights, universal rights,” explained Mr. Arif Balkan. “China is not a party to the ICCPR. But China will then be able to implement the NSL in Hong Kong. So this creates a gap for Hong Kong residents,” he added.
Hong Kong returned to Chinese rule in 1997 with the guarantee of a high level of autonomy, including freedom of expression. Representatives of the semi-autonomous territory informed the Committee that they were considering new national security legislation. Commission members said they hoped the law could be amended for the better.
Broken promises
“They gave us assurance that there would be transparency and consultations when a new security law is promulgated,” said Mr. Arif Balkan.
The United Nations Human Rights Committee released its findings on Hong Kong, China, among other countries, after the conclusion of its 135th session.th session on Wednesday in the Swiss city.
The conclusions contained the main concerns and recommendations of the Committee on the implementation of the International Covenant on Civil and Political Rights, as well as the positive aspects.
The Human Rights Committee monitors compliance by state parties with the International Covenant on Civil and Political Rights. It has been ratified by 173 States Parties. The Committee is composed of 18 members who are independent human rights experts from around the world, who serve in their personal capacity and not as representatives of States parties.
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