On 3 July, the Office of the United Nations High Commissioner for human rights expressed alarm at the arrest of Hong Kong demonstration after the adoption of the Law on Safeguarding the National Security Law in the Hong Kong Special Administrative Region of the People's Republic of China. The Office of the High Commissioner for human rights is analysing very carefully the contents of the new National Security Law adopted on Wednesday to see whether it meets the international human rights obligations applicable to the Hong Kong Special Administrative Region, speaker Colville (Rupert Colville) said at a meeting in Geneva.
"I think hundreds of people have been arrested since the start of the protest campaign on Wednesday, and I think I finally heard that, as far as we know ,10 of them have been subjected to new law accusation, but I do not have any further details on the nature of the accusation at this time ," he said. "
"We are alarmed that, in the absence of sufficient information and knowledge of the scope of the crime, arrest actions have been carried out in accordance with this law, which takes effect immediately ," he said. "
"We note that this law clearly affirms that human rights ,especially fundamental freedoms, the presumption of innocence and due process rights and the right to a fair trial should be protected and that the provisions of the International Covenant on citizen rights and Political Affairs and the International Covenant on economic 、 Social and Cultural Rights should continue to be protected in Hong Kong ," Colville said. We hope that the interpretation of these provisions will truly give full effect to the binding provisions contained in the two international conventions. "
According to the preliminary analysis, we are concerned that the definition of certain crimes in the law is vague and overly broad. This may lead to discriminatory or arbitrary interpretation and enforcement of law, thereby undermining human rights protection. The criminal acts established under the legislation of national security must conform to the principle of legality contained in article 15, paragraph 1, of the International Convention on citizen rights and Political rights. "
The International Covenant on citizen rights and Political rights, in its article 15, paragraph 1, states :" No person shall be guilty of an act or omission which, at the time of its occurrence, was not punishable under domestic and international law. "
Mr. Colville stated that human rights OHCHR was also concerned about the article 29 provision on "collusion with foreign or external forces to endanger national security ", which could lead to possible restrictions on the exercise of the rights of citizen space and civil society actors to participate in public affairs. These provisions may also lead to the criminalization of human rights defenders and activists who exercise rights to freedom of expression, association and peace rally.
"Such law should never be used to criminalize acts and statements protected under international human rights law, as stated in the High Commissioner's statement of 19 June. Common countries human rights OHCHR will continue to closely monitor current developments. "
