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

European Parliament resolution of 25 April 2024 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 Rules 144(5) and 132(4) of its Rules of Procedure,

A.whereas on 19 March 2024, the Hong Kong (HK) Legislative Council passed the Safeguarding National Security Ordinance (SNSO), based on Article 23 of the HK Basic Law; whereas the SNSO expands the National Security Law (NSL) imposed by the People’s Republic of China (PRC) and authorises even more radical infringements of basic freedoms and liberties, in breach of the Sino-British and Sino-Portuguese Declarations, the one country, two systems principle, and international human rights obligations;

B.whereas Andy Li, a pro-democracy activist and key witness in Jimmy Lai’s trial, allegedly confessed, under torture, to conspiracy and collusion with foreign entities; whereas the UN Special Rapporteur on Torture has expressed concerns;

C.whereas the case of Joseph John, a HK-Portuguese dual national, is the first extraterritorial application of the NSL to an EU citizen; whereas John was arrested for allegedly posting anti-China social media content and committing, from Europe, incitement to ‘secession’, and was sentenced on 11 April 2024 to five years’ imprisonment;

D.whereas Polish national Aleksandra Bielakowska, who intended to attend Lai’s trial, was detained upon arrival in HK, interrogated and deported;

1.Strongly condemns the SNSO’s adoption, which erases the last vestiges of fundamental freedoms in HK; is appalled at the shutting down of pro-democracy political forces, civil society and news outlets and the arrest of over 200 people since the NSL’s adoption; urges the PRC and HK to repeal the NSL and the SNSO;

2.Urges the HK Government to immediately and unconditionally release Li, John, Lai, Kok Tsz-lun and all other pro-democracy representatives and activists detained for exercising their freedoms and democratic rights, and to drop all charges against them;

3.Highlights the SNSO’s undermining of press freedoms; calls on the authorities to stop harassing and prosecuting journalists;

4.Is alarmed that the SNSO significantly impacts the work of the EU’s Office and the Member States’ Consulates-General, and EU citizens, organisations and companies in HK;

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

6.Denounces obstructions to trial monitoring and stresses the prioritisation of adequate support to and reporting of relevant trial observation and human rights monitoring, including the establishment of focal points for human rights defenders, in coordination with like-minded partners;

7.Is concerned at the SNSO’s extraterritoriality and retroactivity applying worldwide; condemns the targeting of EU-based HK diaspora and of Beijing-critical politicians and public figures; urges the Member States to suspend extradition treaties with the PRC and HK and to introduce lifeboat schemes for at-risk HK activists and journalists;

8.Instructs its President to forward this resolution to the other EU institutions, the Government and Parliament of the PRC, the Hong Kong Chief Executive and Legislative Council, and the EU Office in Hong Kong.