UN human rights special rapporteur and the International Trade Union Confederation (ITUC) have called for the immediate release of former Hong Kong Alliance chair Lee Cheuk-yan and former vice-chair Chow Hang-tung, after both were convicted of “inciting others to subvert state power”.
The international organisations expressed concern that Hong Kong’s national security laws are being used to criminalise the peaceful exercise of human rights, the pursuit of democracy and the preservation of historical memory, warning of serious implications for fundamental freedoms and trade union rights in Hong Kong.
Andrea Bolaños, the UN Special Rapporteur on the situation of human rights defenders, said she was “deeply concerned” by the convictions.
“Peacefully preserving memory and calling for truth, justice and accountability are human rights activities and must never be criminalised.” she said.
Bolaños noted that UN human rights mechanisms had repeatedly raised concerns over the use of Hong Kong’s national security laws to criminalise human rights defence and the exercise of fundamental freedoms in Hong Kong.
She called on the Hong Kong authorities to release Lee and Chow immediately and to fully respect their right to a fair trial, including ensuring that their rights are respected in any appeal proceedings.
She also highlighted concerns previously raised by UN human rights experts over the pair’s prolonged detention before trial. The UN Working Group on Arbitrary Detention has previously found Chow’s deprivation of liberty to be arbitrary and called for her immediate release.
ITUC: Lee case sets dangerous precedent for workers in Asia
The UN intervention was followed by condemnation from the International Trade Union Confederation, which described the convictions as a “deeply disturbing blow” to fundamental freedoms in Hong Kong and called for the immediate release of both defendants.
ITUC General Secretary Luc Triangle said the ruling represented another “deeply disturbing blow” to freedom in Hong Kong.
“Lee Cheuk-yan has devoted his life to defending workers, democracy and fundamental rights. Peacefully advocating democratic reform and the exercise of freedom of expression must not be treated as a threat to national security,” Triangle said.
He stressed that respect for fundamental rights was the foundation of human security and must be at the heart of any legitimate national security system. The ITUC called for the release of Lee and Chow, saying they had done no more than defend freedom of association and freedom of expression.
Shoya Yoshida, ITUC General Secretary for the ITUC-Asia Pacific, said the ruling was ‘deeply troubling’ because the court had acknowledged that the Hong Kong Alliance had never used or advocated violence, yet the expression of its political position could nevertheless amount to a criminal offence.
Yoshida said Lee had spent his life working to improve the lives of workers and had sought to hold those in power to account through peaceful and lawful means.
He warned that the overly broad use of national security legislation to criminalise peaceful advocacy for democratic rights would “set a dangerous precedent for workers across the Asia-Pacific region”.
The ITUC also stressed that trade union freedom could not be separated from broader civil liberties. If workers and trade unionists fear criminal prosecution for speaking out on social issues, freedom of association cannot be meaningfully protected.
The rights to organise, assemble, express views and participate in public life are all essential to the effective exercise of trade union rights, it said.
The successive interventions by UN human rights experts and the international trade union movement underline the extent to which the case has moved beyond being a purely domestic judicial matter.
For the international trade union movement, Lee’s prolonged imprisonment represents a major test of trade union freedom and the space for peaceful advocacy in Hong Kong.
With sentencing due on 28 August, international rights groups and trade unions continue to monitor the fate of Lee and Chow.
Calling for their release is not only about the freedom of two imprisoned activists, but also about defending workers’ right to organise, freedom of expression and the right to engage in peaceful advocacy.