A/HRC/51/47
defenders, including in relation to alleged victims of reprisals for cooperation with the United
Nations (CHN 2/2022 34 ) and expressed concern at the continued use of residential
surveillance in a designated location.35 They also addressed arrests and detention of human
rights defenders and pro-democracy activists under the 2020 Law of the People’s Republic
of China on Safeguarding National Security in Hong Kong (“National Security Law”), (CHN
10/2021).36
31.
The case of the human rights defender network Civil Human Rights Front was
included in the 2021 Secretary-General report on reprisals,37 on allegations that it was placed
under police investigation, inter alia, for having sent a joint letter to the United Nations High
Commissioner for Human Rights, further to which the head of the network Mr. Figo HuWun Chan received a formal letter of inquiry about the purpose of the letter. The
Government’s reply of 20 August 2021, included in the 2021 Secretary-General report, noted
in relation to the Civil Human Rights Front that the organization had allegedly violated the
registration requirements under section 5 of the Societies Ordinance and that Mr. Figo Hu
Wun Chan had been sentenced to 18 months’ imprisonment after he had pleaded guilty to
“inciting others to knowingly take part in an unauthorized assembly” on 1 October 2019,
under section 17 A (3) of the Public Order Ordinance (Cap. 245 of the Laws of Hong Kong).
According to information received by OHCHR, the human rights defender network Civil
Human Rights Front publicly announced its disbandment in August 2021 and Mr. Figo Hu
Wun Chan remains in prison.
32.
The cases of some representatives of civil society organizations in the Hong Kong
Special Administrative Region, who declined to engage further with UN human rights
mechanisms, including special procedures and treaty bodies, or have their cases taken up by
the UN, due to fear that they would be in contravention of the National Security Law (2020),38
were included in the 2021 report of the Secretary-General.39 The main reported concern is
that they risked being targeted for “collusion with a foreign country or with external elements
to endanger national security”. The Government responded, rejecting what it called “biased
and groundless accusations” against the Hong Kong National Security Law which, it stated,
did “not affect the lawful exercise of rights and freedoms by Hong Kong residents, […] and
general engagement and cooperation with international organizations (including the United
Nations).”40
33.
According to information received by OHCHR, during the reporting period, some
civil society organizations and human rights groups in Hong Kong have disbanded, ceased
operations, or/and gone into exile due to the National Security Law, and some individuals
associated with civil society and human rights groups were reportedly arrested under the law,
or targeted and left Hong Kong. Civil society actors from within the region and abroad have
continued to express fear of cooperation with the United Nations, discontinued cooperation
or declined to engage with OHCHR and UN human rights mechanisms since they perceive
this cooperation could be construed as in contravention with the National Security Law, and
in particular with its provisions under “collusion with a foreign country or with external
elements to endanger national security”. 41 Names and details of individuals and groups
concerned are withheld for fear of reprisals.
34.
The case of Mr. Shen Youlian, human rights defender in Guizhou province, was
included in the 2021 report of the Secretary-General 42 on allegations that he had been
administratively detained for 10 days following his posting of an open online letter to the
High Commissioner. In the letter, Mr. Shen Youlian described his efforts to popularize the
34
35
36
37
38
39
40
41
42
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=36931.
A/HRC/48/57, para. 71.
https://www.ohchr.org/en/press-releases/2021/11/hong-kong-arrests-under-security-law-are-seriousconcern-un-experts-call.
A/HRC/48/28, para. 56, Annex I, para. 26.
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26033&LangID=E;
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26640&LangID=E;
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25978&LangID=E;
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26006.
A/HRC/48/28, para. 55, Annex I paras. 20–22 and 27–28.
Ibid.
https://www.gld.gov.hk/egazette/pdf/20202448e/egn2020244872.pdf.
A/HRC/48/28, para. 57, Annex I, para. 25.
41