The Erosion of Freedoms: How Hongkongers are Suppressed and Why it Matters

Andrew Shum

When I began writing the human rights report on Hong Kong for the May 18 Foundation this summer, I was concerned about encapsulating all significant human rights violation cases from the past few years. Given that human rights violations occur daily in Hong Kong, creating an exhaustive report covering each incident has become an impossible task. Additionally, determining which topics and incidents should take precedence in the report has been challenging, as suppression and censorship have permeated every facet of civil society. The degree of surveillance and control over civil society is alarmingly rigorous. For instance, in February of this year, the authorities updated the procurement guidelines for all aided schools, mandating the inclusion of national security clauses in tender or quotation documents. This implies that if a school suspects a lunchbox supplier might "endanger national security," they should terminate the contract and notify the police.

While it seems absurd to consider how a lunchbox supplier could pose a threat to national security, such scenarios have become a reality in Hong Kong. In September 2022, five speech therapists were sentenced to 19 months in prison because of publishing children's books featuring cartoons of sheep that resist wolves from their village. They were found guilty on sedition charges.

Now in Hong Kong, everyone is obliged to place national security at the forefront and demonstrate unwavering loyalty to the government. Another testament to this trend is the implementation of national security education. Schools are now mandated to integrate elements of national security education across all subjects. For example, in Economics, students must understand how international trade and territorial disputes could jeopardize national security. In Biology, they are educated to "understand the nation's emphasis on ecological conservation and the protection of public health" so as to "cultivate a sense of belonging to the country".

For Hong Kong, a city that once took great pride in its freedom, such rapid changes are both startling and shocking.

Hong Kong was a British colony between 1842 and 1997. While it never operated under a democratic constitution, its residents relished considerable freedom, particularly from the 1980s onwards. During this period, the colonial government initiated democratic reforms by amplifying the number of directly elected seats in the Legislative Council—Hong Kong's de-facto parliament.

Following the transfer of sovereignty to China in 1997, the basic human rights of Hong Kong's citizens remained safeguarded by several international treaties and legal documents. One notable instrument is the Sino-British Joint Declaration, a UN-registered treaty. This compelled the Chinese government to adhere to the 'One Country, Two Systems' principle and guarantee a 'high degree of autonomy' for Hong Kong. Notably, Article 39 of the Basic Law—Hong Kong's quasi-constitution—ensures the continued applicability of the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) post-handover. Furthermore, the provisions of the ICCPR have been incorporated into local law via the Bill of Rights Ordinance, ensuring legislative and governmental adherence to international human rights standards.

Thus, post-handover, despite the unmet expectations of a comprehensive democratic process and China's reluctance to implement universal suffrage, Hongkongers continued to benefit from substantial legal protections for essential human rights. This secured status partially accounts for why, over the past two decades, Hong Kong transformed into a 'city of protest.' Its vibrant civil society allowed for uninhibited expression of views, devoid of prosecution apprehensions.

This freedom did not merely serve Hongkongers but also resonated meaningfully across neighboring regions. Distinguishing itself as one of the few territories within China's jurisdiction permitting public acknowledgements of the Tiananmen Square massacre —alongside Macau, albeit now defunct in that regard — Hong Kong consistently championed pro-democracy initiatives in mainland China. For over three decades, the Hong Kong Alliance in Support of Patriotic Democratic Movements of China hosted candlelight vigils in Victoria Park every year until 2021, the year when the government banned political assemblies for pandemic reasons. These events preserved memories of the haunting Tiananmen episode while advocating for the student movement's vindication. The imprisonment of Nobel Peace Prize laureate Liu Xiaobo by China saw Hong Kong emerge as a central advocate campaigning for the release of Liu and his wife. Additionally, the innovative communication strategies of Hong Kong's protestors during the 2019 Anti-Extradition Law Amendment Bill movement, exemplified by information dissemination via AirDrop, galvanized activists throughout Asia.

The relative freedom Hong Kong once enjoyed took a significant turn in the summer of 2020 with the imposition of China's national security law. Following the Anti-ELAB Movement in 2019, which witnessed millions rallying for democracy and freedom, Beijing intervened to reconfigure the political and social landscape of the city. This was accomplished through the enforcement of the stringent National Security Law, granting the government vast powers to prosecute political dissidents and suppress civil society initiatives.

Since its enforcement, authorities have been relentless in leveraging this newfound power. As of July this year, data from the Georgetown Center for Asian Law reveals that at least 264 individuals have been arrested under the national security law or related sedition statutes. This tally includes 47 pro-democracy advocates and activists who faced charges of conspiracy to subvert the government due to their participation in a primary election held in July 2020. From this group, at least 32 individuals have languished in pre-trial detention for over two years and nine months, with the courts yet to conclude their cases.

Moreover, organizing large-scale protests in Hong Kong has become nearly impossible. The police have actively deterred and obstructed protest organizers by imposing unreasonable conditions and pressure or even subjecting them to interrogations. In April of this year, a protest organizer was detained for several hours, leading him to retract his protest application subsequently. In another protest event, all participants were required to wear numbered lanyards and filmed by the police.

Obviously, the outlook for human rights in Hong Kong remains bleak. Far from improving, the government suggests an even tighter stranglehold on civil liberties. In his recent Policy Address, Hong Kong Chief Executive John Lee conveyed plans to finalize legislation under Article 23 of the Basic Law – the city's foundational legal document. It has long been a subject of contention, requiring that Hong Kong legislate its own security law, encompassing prohibitions against treason, secession, sedition, subversion against the central Chinese government, and theft of state secrets. Additionally, it restricts foreign entities from political activities within the region and hinders local groups from collaborating with foreign political groups. Given its broad and ambiguous nature, and the profound implications for basic rights, the proposed legislation spurred a massive public outcry in 2003, compelling the government to shelve the plan. However, with dissident voices now largely stifled and many opposition figures imprisoned, public sentiment no longer seems to deter the government's assertive course.

Furthermore, the Hong Kong government is accelerating efforts to assimilate the city with mainland China. This is evident in their strategy to exert social control, notably by leveraging education to mold younger minds. In the wake of a new patriotic education law passed in China on 24 October 2023, Hong Kong quickly formed a dedicated task force to oversee its local implementation. This includes the introduction of a specialized curriculum emphasizing patriotic instruction for primary students.

The developments detailed above reveal a continuing suppression in Hong Kong, with little indication that the situation will improve anytime soon. Despite the dire circumstances, many Hongkongers cling to the hope of a brighter future. Their journey serves as a stark reminder to the world of the fragility of freedom when faced with the shadow of authoritarianism. As noted at the outset, the report doesn't exhaustively catalog every incident in Hong Kong. Rather, my aim is to provide a succinct overview of pivotal events and updates from 2021 to June 2023. This allows readers to gain a holistic grasp of Hong Kong's prevailing human rights climate and maintain vigilance regarding its evolution. Though Hong Kong's narrative is filled with adversity and sorrow, I believe it offers invaluable lessons and reflections for all champions of freedom and democracy.

I also firmly believe that the story of Hongkongers is not over yet. The democratic movement will persist, and we are merely in the midst of an extended journey. Although facing unprecedented suppression, people will eventually find a way to voice out and continue their fight for democracy. their voices and advocate for democracy. Just as Koreans and Taiwanese fought for democracy and freedom over decades and eventually overcame the darkest periods of their movements. For now, our role is to keep documenting the unfolding events, maintain hope, and never lose faith.