NGO research suggests majority of Hong Kong national security convictions wrongfully issued – JURIST

Amnesty International research released on Monday concluded that more than 80 percent of the those convicted under Hong Kong’s national security law have been “wrongly criminalized” in the five years since the law was introduced.

Since 2020, Hong Kong government data cited by Amnesty International reported that 332 people were arrested, with 189 convicted under all national security laws that are applicable in Hong Kong. Amnesty International’s research concluded that “84.6% [of cases] involved legitimate expression that should not have been criminalized according to international standards, with no evidence of violent conduct or incitement.”

In Article 20, Hong Kong’s national security law appears to place extensive restrictions on peaceful free speech related to territories over which China’s sovereignty claims are disputed including Taiwan, Hong Kong, Tibet and Xinjiang. In addition, the national security law seemingly criminalizes peaceful advocacy, with the vague wording of the law giving authorities wide scope to criminalize any dissent deemed a threat to national security.

The law has been criticized by NGOs, the UN and the EU for allegedly being used by the Chinese government to arrest pro-democracy advocates, undermining freedom of speech, expression and the rule of law.

The national security law was passed by Chinese Communist Party (CCP) without the approval of the Hong Kong legislature in 2020. Hong Kong exists as a special administrative region of China, which theoretically gives Hong Kong a degree of freedom from the central Chinese government. This has allowed Hong Kong to maintain distinct political, social and economic systems from the rest of China. Critics argue that the national security law has been used to give the central government direct control of Hong Kong, resulting in the erosion of freedoms in the territory.