This undated file photo shows the Central Government Offices in Tamar, Central, Hong Kong. (PHOTO / HKSAR GOVERNMENT)
HONG KONG – The Hong Kong Special Administrative Region government on Wednesday strongly objected to the unfair criticisms from the UN Human Rights Committee about the National Security Law for Hong Kong.
In a statement issued on Wednesday night, a spokesman for the Constitutional and Mainland Affairs Bureau said the committee made unsubstantiated criticisms about the NSL, judicial independence, electoral reform and the exercise of freedoms in the city.
A spokesman for the Constitutional and Mainland Affairs Bureau said the committee made unsubstantiated criticisms about the National Security Law, judicial independence, electoral reform and the exercise of freedoms in the city
The committee issued its findings after the HKSAR government submitted its fourth report on the implementation of the International Covenant on Civil and Political Rights. A nine-member delegation led by Secretary for Constitutional and Mainland Affairs Erick Tsang Kwok-wai also attended meetings with committee members by videoconferencing.
“We are completely dismayed that the committee continues to express unsubstantiated criticisms towards the HKSAR despite the delegation's efforts in addressing members' concerns and clarifying the misunderstandings of the human rights situation in the HKSAR," the spokesman said.
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“The committee has also raised a number of concerns and recommendations without giving due weight to the unique circumstances of Hong Kong which were explained by the delegation time and again," he added.
The spokesman said the committee should view the implementation of the NSL in the context of the violent social unrest in 2019, adding that the ICCPR was fully taken in consideration when the law was enacted.
“In particular, Article 4 of the National Security Law provides that human rights shall be respected and protected in safeguarding national security in the HKSAR, while Article 5 of the law affirms adherence to the principle of the rule of law while enforcing the law against offenses endangering national security,” the spokesman said.
He said the sedition offense under the law is not meant to silence expression of any opinion that is “only genuine criticisms against the government based on objective facts.”
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The spokesman said the designation of judges by the Chief Executive to handle cases involving offenses endangering national security only involves designating a list of judges "from existing judges, rather than choosing a particular judge to preside over a specific case."
“The assignment of cases to individual designated judges remains to be the independent decisions of the judiciary, not the CE,” the spokesman said.
“Trial by a panel of three judges instead of by a jury under specified circumstances, seeks to safeguard rather than undermine the defendants' right to a fair trial, and judges will deliver the reasons for the verdicts to ensure open justice.”
The spokesman also said that the law introduced more stringent bail conditions to prevent and suppress acts endangering national security.
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“It is disappointing that the committee has made unfounded statements on the implementation of the arrangement, and mischaracterized the CFA's (Court of Final Appeal’s) decision on the same,” he said.
The spokesman also said that the committee's remarks that police had used excessive force “disregarded the extreme violence inflicted by the rioters” during the social unrest in 2019.
“The demonstrations during 2019 were not peaceful as falsely claimed by the rioters, rather they were marred by serious violence and had gone beyond the constitutionally guaranteed bounds,” he said.
“Police's actions were responsive and no more than necessary to restore law and order. The concluding observations have failed to give a fair and balanced account of the situation. Police have stringent guidelines on the use of force, which are consistent with the international human rights norms and standards,” he added.
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The spokesman also said that the committee's concluding observations concerning the HKSAR's improved electoral system are “misguided and based on ungrounded accusations.”
“It also defies the precise clarifications made by the HKSAR government at the meetings. There is no cure-all in respect of electoral system and how it should be improved,” he said.
“The development of democracy in the HKSAR must be consistent with Hong Kong's constitutional order under the Constitution of the PRC (People's Republic of China), the Basic Law and the 'one country, two systems' principle. The political, economic, social, cultural and historical circumstances of the HKSAR must also be taken into account,” he added.
He also said that the freedom of the press, assembly, and association, and the right to privacy were protected in the territory.