On The new security law in Hong Kong and the cases of Andy Li and Joseph John

B90238/2024

Motion for a European Parliament resolution on The new security law in Hong Kong and the cases of Andy Li and Joseph John

(2024/2700(RSP))

The European Parliament,

–having regard to Rule 144 of its Rules of Procedure,

A.whereas, on 19 March 2024, the Hong Kong (HK) Legislative Council (LegCo) passed the ‘Safeguarding National Security Bill’ (NSB), which expands the People’s Republic of China (PRC)-imposed National Security Law (NSL) of 2020 and mandates even more radical infringement on basic freedoms and liberties;

B.whereas the NSB is based on Article 23 of the HK Basic Law; whereas the law has strong extraterritorial implications with provisions applying anywhere in the world; whereas the HRVP and the UN Human Rights Chief have strongly condemned the NSB;

C.whereas Andy Li, a pro-democracy activist, was allegedly tortured in view of his testimony in the NSL trial of Jimmy Lai; whereas concerns regarding his case have been expressed by the UN Special Rapporteur on torture;

D.whereas Joseph John, a Portuguese national sentenced to 5 years in prison for allegedly inciting “secession”, is the first Portuguese and Hong Kong dual national jailed under the NSL;

1.Strongly condemns the adoption of the NSB erasing the last vestiges of fundamental freedoms in HK; is appalled at the situation the NSL has created, the shuttering of the pro-democracy political forces, civil society and news outlets and the arrest of more than 200 people;

2.Urges the HK government to immediately and unconditionally release and drop all charges against all pro-democracy representatives and activists, for exercising their freedoms and democratic rights;

3.Highlights in particular that the NSB violates the freedom of the press; in this regard highlights the cases of former editors-in-chief of now defunct Stand News Chung Pui-kuen and Patrick Lam, who face up to two years in prison over publishing allegedly “seditious” articles; points out that the crime of “external interference” criminalises an extremely broad range of international interactions, completely undermining the work of CSOs;

4.Is alarmed that the violation of the rule of law in HK through the NSB significantly affects the work of the European Union’s Office, the Member States’ Consulates-General, and impacts European Union citizens, organisations and companies in HK;

5.Urges the Council to review its 2020 Conclusions on HK and adopt sanctions under the EU Human Rights Sanctions Regime against Chief Executive John Lee and all other responsible HK and PRC officials;

6.Denounces the refusal to allow unrestricted trial observation as in the case of Aleksandra Bielakowska, who had an invitation letter by HK EU Office to attend Jimmy Lai’s trial; emphasizes the high priority of trial observation by European representations in Hong Kong, including particularly cases concerning European citizens; considers obstructions to trial monitoring unacceptable and stresses the prioritisation of adequate support to trial observation and human rights monitoring in coordination with like-minded partners;

7.Urges all EU Member States to suspend extradition treaties with the PRC and HK;

8.Instructs its President to forward this resolution to EU institutions, the PRC Government and Parliament, the HK Chief Executive and the LegCo.