A/HRC/54/61
organizations for their work on disability rights, in particular for their cooperation with the
United Nations. The Committee urged the State party to ensure that persons with disabilities
are able to enjoy the right to freedom of expression and opinion, including the freedom to
seek, receive and impart information and ideas, including in their cooperation with the United
Nations (CRPD/C/CHN/CO/2-3, paras. 44–45).
25.
On 15 February 2023, during the review of the third periodic report of China, the
Committee on Economic Social and Cultural Rights, 21 noted that “[h]uman rights defenders,
non-governmental and civil society organizations had reportedly faced difficulties when
trying to attend the Committee’s meeting with the State party, as they feared reprisals. It
sought assurances from the State party that no persons or organizations would face reprisals
for providing it with information. (E/C.12/2023/SR.5 para. 15). 22 In his response, a
representative of the Chinese delegation noted that there would be no retaliation against
NGOs for providing information to the Committee or attending meetings to express their
views, which was welcomed by the Committee (E/C.12/2023/SR.5 para. and 25 23 ;
E/C.12/2023/SR.7 para. 78).24 According to information received by OHCHR, during the
reporting period, a civil society representative was subjected to intimidation and reprisals for
engaging with the Committee on Economic Social and Cultural Rights in relation to the
Committee’s consideration of the third periodic report of China. Names and details of those
concerned are withheld due to fear of reprisals. The Committee addressed the reported
incident with the relevant authorities.
26.
On 14 March 2023, two members of the international legal team 25 supporting
Mr. Jimmy Lai and his son Sebastian Lai addressed the Human Rights Council during the
dialogue with the Special Rapporteur on Counter-terrorism requesting accountability for the
use of the National Security Law against Mr. Lai and other journalists and writers. 26 The
following day, the Government of the HKSAR issued a press release stating that it “strongly
disapproved and firmly opposed the acts of the so-called ‘international legal team’ […] to
abuse the United Nations mechanisms by soliciting the Human Rights Council to interfere in
the judicial proceedings of Lai Chee-Ying’s case concerning the National Security Law”.27
The press release further noted that “[m]aking a statement with the intent to interfere with or
obstruct the course of justice, or engaging in conduct with the same intent, is very likely to
constitute the offence of criminal contempt of court or the offence of perverting the course
of justice.”
27.
On 16 March, an article in a Hong-Kong State-owned newspaper reported that,
according to the legal scholars, the “so-called” international legal team is suspected of
colluding with foreign forces to deliberately interfere with the judicial process in HKSAR in
favour of Mr. Jimmy Lai, and that the intention to interfere with or obstruct justice may
constitute criminal contempt of court or obstruction of justice.28 The press article also accused
Mr. Jimmy Lai’s son of colluding with foreign forces and attributed to some politicians the
view that the request of assistance from the United Nations of the “so-called international
legal team” [...] is “evidence of collusion with foreign powers in an attempt to undermine the
rule of law in Hong Kong”.
28.
On 17 March 2023, special procedure mandate holders addressed the case of
Mr. Jimmy Lai and the alleged intimidation and harassment against his legal team and
enquired whether the offense of collusion with a Foreign Country or with External Elements
to Endanger National Security as per articles 29–30 of the National Security Law excludes
instances of cooperation with the United Nations, in particular its human rights bodies and
mechanisms (CHN 1/2023). On 1 May 2023, the Government replied to mandate holders
21
22
23
24
25
26
27
28
24
E/C.12/CHN/3; E/C.12/CHN-HKG/4; E/C.12/CHN-MAC/3.
https://media.un.org/en/asset/k10/k10ledzwso.
https://media.un.org/en/asset/k10/k10ledzwso.
E/C.12/2023/SR.7.
The international legal team for Jimmy Lai and Sebastien Lai is composed of Caoilfhionn Gallagher
KC, Jonathan Price, Tatyana Eatwell and Jennifer Robinson.
See https://media.un.org/en/asset/k1z/k1zzdvujom.
https://www.info.gov.hk/gia/general/202303/15/P2023031500686.htm?fontSize=1e.
Unofficial translation of
https://www.wenweipo.com/a/202303/16/AP6412603ee4b0b6003c01a2c8.html.
GE.23-15378