A group of independent UN human rights experts have written to the Chinese government expressing deep concern over the arrest, prosecution, and prolonged pre-trial detention of Hong Kong pro-democracy figures Lee Cheuk-yan and Chow Hang-tung.
Both Lee and Chow, the former chair and vice-chair of the Hong Kong Alliance are charged under Hong Kong’s National Security Law with “inciting subversion of state power” but have been held in pre-trial detention for over 50 months, far exceeding the reported average of 11 months for similar cases. The experts warn that such prolonged detention may breach the right to a fair trial and personal liberty, as protected under the International Covenant on Civil and Political Rights (ICCPR) and the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules).
Chow’s prison conditions have also raised serious concerns. She has reportedly been denied access to a computer to prepare her defence, repeatedly refused books, and kept in solitary confinement regularly. The UN experts cautioned that these measures may amount to cruel, inhuman, or degrading treatment, potentially even torture, in violation of international human rights standards.
The UN experts, including Mary Lawlor (Special Rapporteur on the situation of human rights defenders), Matthew Gillett (Vice-Chair, Working Group on Arbitrary Detention), Irene Khan (Special Rapporteur on freedom of opinion and expression), Gina Romero (Special Rapporteur on the rights to peaceful assembly and association), and Margaret Satterthwaite (Special Rapporteur on the independence of judges and lawyers) noted that Lee and Chow appear to have been targeted for their political views, human rights work, and pro-democracy activism. They said such treatment violates the Universal Declaration of Human Rights, the ICCPR, and the UN Declaration on Human Rights Defenders.
The experts also questioned the vague wording of the National Security Law and expressed concern over the high number of people in Hong Kong facing charges for legitimate expression.
In their letter, they called on the Chinese government to clarify:
- The legal basis for Lee and Chow’s arrest and prosecution, and whether it aligns with international human rights law;
- How their actions allegedly amount to “inciting subversion” and the so-called “illegal methods,” while respecting their rights to freedom of expression and human rights work;
- Whether they were brought promptly before a judge and tried within a reasonable time in line with international standards;
- Whether their detention conditions comply with international law, including access to reading materials and freedom from prolonged solitary confinement.
The experts concluded that if the charges are unfounded, Lee and Chow should be released immediately and all charges dropped.