A/HRC/51/47
State officials, reportedly stationed in the proximity of their home, that at times prevented
them from leaving home. On 16 July 2021, Ms. Wang Qiaoling was allegedly prevented from
visiting a human rights lawyer, Mr. Jiang Tianjong in Henan province, by some eight State
Security officials, who argued she required higher-level approval for the visit. For a second
year in a row, on 10 December 2021, they were allegedly prevented from leaving their home
to observe Human Rights Day.
47.
The case of lawyer Mr. Jiang Tianyong was included in the 2017, 2019, 2020 and
2021 reports of the Secretary-General65 on allegations of intimidation and harassment for his
cooperation with the Special Rapporteur on extreme poverty and human rights during his
visit to China in August 201666 and was the subject of actions by special procedures mandate
holders (CHN 9/201967 and CHN 13/2016, CHN 15/2016;68 CHN 3/2017).69 The Working
Group on Arbitrary Detention found the detention of Mr. Jiang Tianyong arbitrary
(A/HRC/WGAD/2018/62, paras. 59, 62, 77, 78). 70 On 24 September 2019, special
procedures mandate holders71 had called upon China to immediately end harassment and
surveillance of Mr. Jiang Tianyong. According to information received by OHCHR, Mr Jiang
Tianyong reportedly remained under house arrest during the reporting period, with a travel
ban abroad, and prevented from reuniting with this family. Reportedly, he was under close
surveillance by local public security at his parents’ home in Luoshan, where he has been since
his release from prison in February 2019. On 28 February 2022, the part of his sentencing
depriving him of political rights for three years expired and, on 1 March 2022, he allegedly
received a “notice of expiry of the period of deprivation of political rights.” Reportedly, since
1 March 2022 the degree of surveillance has decreased to a certain extent, and he is allowed
to leave his home but restrictions are still in force. At the time of writing, he remained under
camera surveillance and must inform and seek the approval of the relevant authorities to leave
his home.
48.
On 1 August 2022, the Government responded to the note verbale sent in connection
to the present report. Regarding the Law of the People’s Republic of China on Safeguarding
National Security in the Hong Kong Special Administrative Region (Hong Kong National
Security Law), the Government categorically disagreed with the allegations set out in the
report, which it deemed biased and unjustified. In the view of the Government, the allegations
that the Law has created a chilling effect, caused local civil society to refuse to cooperate
with the United Nations and resulted in the dissolution and cessation of operation of some
organizations are false and biased.
49.
The Government noted that the Law does not affect the lawful exercise of the rights
and freedoms of Hong Kong residents, including the right to criticize the Government, nor
does it affect freedom of information, academic freedom, policy research, general business
activities and general dealings and cooperation with international organizations, including
the United Nations. The Government stated that the four categories of offences under the
Hong Kong National Security Law are clearly defined, and the elements constituting the
offences, penalties, mitigating factors and other consequences of the offences are also
explicitly set out. Whether an act constitutes an offence depends on the facts and
circumstances of each case, and it is therefore neither possible nor appropriate to draw overly
general conclusions. The Government considered that the law has achieved its intended effect
and restored stability and security in an effective manner and that whether individual
organizations choose to remain in or leave the Hong Kong Special Administrative Region
depends on a wide range of factors and is entirely their decision.
50.
Regarding the Civil Human Rights Front and Mr. Figo Hu-wun Chan, the Government
stated that the Civil Human Rights Front was suspected of having violated the registration
requirement under section 5 of the Societies Ordinance. the Government explained that the
65
66
67
68
69
70
71
A/HRC/36/31, Annex I, paras. 22–24, A/HRC/39/41, Annex II, paras.14–16, A/HRC/42/30, para. 46
and Annex II, paras. 25–26 and 31, A/HRC/45/36, Annex II, para. 26 and A/HRC/48/28, para. 59,
Annex II, para. 26.
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20987.
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=34846.
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=33355.
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=33449.
A/HRC/WGAD/2018/62, para. 59, 62, 77, 78.
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25046&LangID=E.
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