A/HRC/60/62 criminal offence, according to a public statement that the Government made following their statements.36 42. On 7 June 2024, the Government of HKSAR replied to a communication sent by the Special Rapporteur on torture on Jimmy Lai’s case (CHN 2/2024),37 stating that “making statements with the intention to interfere with or obstruct the course of justice, or engaging in actions with the same intent, including attempting to interfere with witnesses appearing in court or creating bias against such witnesses, is highly likely to constitute criminal contempt of court or obstruction of justice”.38 43. On 13 September 2024, the Government of HKSAR stated publicly that it “strongly disapproved and opposed the acts of the ‘international legal team’ for Lai Chee-ying and his son Sebastian Lai, and those of Sebastian Lai himself, to ‘scandalize’ the NSL and the judicial system of the HKSAR, and to abuse the United Nations mechanisms by soliciting the United Nations Special Rapporteur on Torture to interfere in the judicial proceedings of Lai Chee-ying’s case concerning the NSL”.39 44. The 1 May 2023 decision of the Working Group on Arbitrary Detention that found the detention of Ms. Chow Hang Tung to be arbitrary (A/HRC/WGAD/2023/30),40 and related concerns that the submission by the source to the Working Group may be deemed to constitute “criminal contempt of court” and trigger corresponding liability, as suggested in the reply of the Government of HKSAR, was included in the 2024 report of the SecretaryGeneral.41 According to information received by OHCHR, following the Working Group’s decision, Ms. Chow Hang Tung was put into solitary confinement nine times between June and December 2023, and repeatedly again throughout 2024. Reportedly, she was placed in a 7 square meter cell for 23 hours a day, for periods that usually ranged from 7 to 14 days (although the longest stretch was of 18 days), and she was taken for one hour a day to an indoor area of the facility with other detainees, but with no access to fresh air or sunlight. 45. During the reporting period, the Working Group on Arbitrary Detention noted with grave concern that it had received allegations of reprisals and/or intimidation against Ms. Chow Hang Tung. The Working Group referred to the Government’s response and expressed grave concerns that the source’s submission regarding Ms. Chow’s detention could potentially give rise to liability for the crime of criminal contempt. The Working Group emphasized that any such acts were absolutely unacceptable and called for such actions to cease immediately (A/HRC/57/44 para 30). 46. The case of Ms. Li Qiaochu, a human rights defender working on gender-based violence and labour rights, has been included in reports of the Secretary--General since 202142 on allegations that her detention had been in reprisal for meeting online with two experts from the Working Group on Enforced or Involuntary Disappearances in September 2020.43 On 28 February 2022, Ms. Li Qiaochu was indicted for “inciting subversion of state authority,” reportedly tried on 19 December 2023 and sentenced on 5 February 2024 to three years and eight months in prison for inciting subversion of State power. According to information received by OHCHR, on 3 August 2024, Ms. Li Qiaochu was released from prison after having served her sentence but remains under police surveillance. Reportedly, her residential area is monitored by guards 24 hours a day, and she was warned by the 36 According to information received by OHCHR, during the reporting period, the legal team continued its engagement with special procedures, including on the case of Jimmy Lai. 37 The communication relates specifically to the possible admission of evidence allegedly obtained under torture or other cruel, inhuman or degrading treatment or punishment. 38 https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=38742 The reply also stated that: “(…) on the basis of the sub judice principle of avoiding discussions of cases under judicial consideration, no one, including the Special Rapporteur, should comment on the case. (...) 39 https://www.info.gov.hk/gia/general/202409/13/P2024091300850.htm. 40 See also A/HRC/WGAD/2023/30/Corr.1. 41 A/HRC/57/60, Annex I para. 32. 42 A/HRC/48/28, para. 58, Annex I, para. 26; A/HRC/51/47, Annex II, paras. 36–38; A/HRC/54/61, Annex II para. 30. 58, Annex I, para. 26; A/HRC/51/47, Annex II, paras. 36–38; A/HRC/54/61, Annex II para. 30; A/HRC/57/60, Annex II, para. 55. 43 See also CHN 4/2021. 52