New York/ The Hague, 12 November 2020
On 11 November 2020, China’s National People's Congress passed a resolution allowing Hong Kong authorities to expel members of the domestic legislature should they “fail to uphold the Basic Law of the Hong Kong SAR of People's Republic of China”, if they “promote or support” Hong Kong’s independence, threaten national security or “refuse to acknowledge China's sovereignty over Hong Kong”. Shortly after the approval of the resolution, the local government of Hong Kong disqualified four pro-democracy lawmakers. Chief Executive Carrie Lam defended the measure by stating that legislators who do not respect the sovereignty of China cannot be expected to uphold Hong Kong’s constitution, the Basic Law, and consequently properly carry-out their duties as legislators. Afterward, in protest of the disqualification of their colleagues and in solidarity, the remaining 15 pro-democracy legislators announced that they will all resign. Some commentators’ have qualified China’s actions as the latest attempt to permanently crush dissent in Hong Kong, a global hub with democratic aspirations.
The current situation is a culmination of ongoing tensions between Beijing and Hong Kong since 2019. In August 2019, protests in Hong Kong to a proposed bill that would have enabled China to extradite individuals from Hong Kong to be tried on the mainland sparked the severe crackdown by security forces. Although the extradition bill was suspended in June, peaceful protesters wanted it officially withdrawn. In May 2020, the National People’s Congress had adopted a resolution to enact a new National Security Law with devastating consequences for human rights in Hong Kong and its autonomy. On 30 June 2020, China’s legislature effectively passed the new national security law for Hong Kong which entered into force the same day and included crimes such as secession, subversion against the central Chinese government, terrorist activities, and collusion with foreign forces to endanger national security. The Law also allowed “mainland China's state security agencies to operate in the city”. At the time, PGA president Margareta Cederfelt, MP (Sweden) had stated that “[i]t is in the interest of the People’s Republic of China to respect international law. The autonomous status of Hong Kong is internationally protected and the provisions of the International Covenant on Civil and Political Rights are legally binding in Hong Kong until 2047.”
Increasing consensus holds that democracy is in decline globally and Hong Kong is not an exception. As human rights abuses and violations of civil and political rights amass, it is to be said that the removal of duly elected lawmakers breaches the domestic and international rule of law. Such removal constitutes a breach by China the agreement that is foundational to the handover of Hong Kong. The 1984 Sino-British Joint Declaration, effectively granting Hong Kong autonomy. Indeed, today, Mr. Nigel Adams, United Kingdom Minister for Asia, told Parliament that sanctions were being carefully considered against Chinese individuals. Other countries voiced their concern over developments in Hong Kong such as the European Union and the United States.
The EU High Commissioner emphasized that “this latest arbitrary decision from Beijing further significantly undermines Hong Kong’s autonomy under the One Country, Two Systems principle, and the protection of fundamental rights and freedoms in Hong Kong, contrary to China’s international commitments”. The U.S. National Security Adviser stated that the “[…]Chinese Communist Party (CCP) has flagrantly violated its international commitments under the Sino-British Joint Declaration and its promises to the people of Hong Kong, including those under the Basic Law. The United States will continue to utilize all the powers granted under the Hong Kong Human Rights and Democracy Act, the Hong Kong Autonomy Act, and the Executive Order on Hong Kong Normalization to identify and sanction those responsible for extinguishing Hong Kong’s freedom.”
Parliamentarians for Global Action (PGA) condemns the expulsion of the elected members of the Legislative Council of Hong Kong and calls upon the relevant authorities of the People’s Republic of China (PRC) to uphold its international obligations under the 1984 Sino-British Joint Declaration, and respect the political and civil rights of Hong Kong citizens who are protected under the Bill of Rights Ordinance and Basic Law Article 39 putting into effect the provisions of the International Covenant on Civil and Political Rights (ICCPR) in Hong Kong. PGA urges all relevant stakeholders to strongly encourage the government of China and authorities of Hong Kong to immediately cease the breach of domestic and international law, reinstate the legislators and provide them with adequate remedies. We must speak out and ensure that the legitimate aspirations of the people of Hong Kong are respected by all parties.
