HKSAR Government strongly disapproves and rejects US report on human rights
The Hong Kong Special Administrative Region (HKSAR) Government today (August 14) strongly disapproves and rejects the unfounded and biased content related to Hong Kong contained in the United States (US) Department of State's so-called 2024 Country Reports on Human Rights Practices.
A HKSAR Government spokesperson said, "the HKSAR Government strongly disapproves and rejects the US' repeated tactics through the so-called report in making slandering remarks against Hong Kong, where 'one country, two systems' is successfully implemented. The US is once again overriding the rule of law with politics and politicising human rights issues. Such attempt to interfere in Hong Kong's law-based governance and undermine the prosperity and stability of Hong Kong is doomed to fail."
"Since Hong Kong's return to the motherland, human rights of Hong Kong residents have been firmly protected by the Constitution and the Basic Law. The HKSAR Government resolutely, fully and faithfully implement the Hong Kong National Security Law, the Safeguarding National Security Ordinance and other relevant laws safeguarding national security in the HKSAR, to effectively prevent, suppress and impose punishment for acts and activities endangering national security in accordance with the law, whilst maintaining the common law system, adhering to the principle of the rule of law and upholding the rights and freedoms of Hong Kong residents in accordance with the law, so as to ensure the steadfast and successful implementation of the principle of 'one country, two systems'. The HKSAR Government strongly demands the US to immediately stop acting against international law and the basic norms of international relations and interfering in China's internal affairs and Hong Kong affairs."
On legislation safeguarding national security, the spokesperson pointed out, "the content regarding legislation safeguarding national security in the HKSAR contained in the so-called report by the US are completely absurd and untrue. Since the implementation of the Hong Kong National Security Law in June 2020, the US has all along ignored the large-scale and incessant riots that occurred in 2019 which devastated the society, livelihood and economy of Hong Kong. Instead, it built up false stories and fabricated narratives through various so-called reports to maliciously slander legislation safeguarding national security in the HKSAR, and blatantly attack the HKSAR in safeguarding national security dutifully, faithfully and in accordance with the law. The US has also deliberately neglected the fact that such laws have enabled the livelihood and economic activities of the Hong Kong community, as well as the business environment, to return to normalcy. Its bullying conduct and hypocrisy laced with double standards are utterly despicable."
"The legal framework in safeguarding national security in the HKSAR is consistent with the relevant international human rights standards. The Hong Kong National Security Law and the Safeguarding National Security Ordinance clearly stipulate that human rights shall be respected and protected in safeguarding national security. The rights and freedoms, including the freedom of expression, press freedom, freedom of assembly and of association, freedom of academic research, literary and artistic creation and other cultural activities etc, enjoyed by Hong Kong residents under the Basic Law and the provisions of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights as applied to the HKSAR are to be protected in accordance with the law. In addition, the Hong Kong National Security Law and the Safeguarding National Security Ordinance also clearly stipulate that the principle of the rule of law shall be adhered to in preventing, suppressing and imposing punishment for offences endangering national security, including the principles of conviction and punishment only by the application of the law, the presumption of innocence, the prohibition of double jeopardy, and the right to defend oneself and other rights in judicial proceedings that a criminal suspect, defendant and other parties in judicial proceedings are entitled to under the law."
"Like all other places in the world, such rights and freedoms are not absolute. The enjoyment of these rights has limits so as not to affect adversely to an unacceptable level the enjoyment by other members of their community of their rights and liberties. Journalists, like everyone else, have an obligation to abide by all the laws. Their freedom of commenting on and criticising government policies remains uninhibited as long as they do not violate the law."
"The offences endangering national security stipulated by the Hong Kong National Security Law and the Safeguarding National Security Ordinance target acts endangering national security with precision, and define the elements and penalties of the offences with clarity. The prosecution has the burden to prove beyond reasonable doubt that the defendant has the actus reus and mens rea of an offence before the defendant may be convicted by the court. Moreover, the relevant offences do not have retrospective effect, which is in line with Article 12 of the Hong Kong Bill of Rights."
"As a matter of fact, each and every sovereign state enacts laws safeguarding national security. This is not only their inherent right, but also an international practice. The US has at least 21 pieces of laws safeguarding national security. It is therefore in no position to point its finger at other countries and regions for legitimately legislating to safeguard national security."
"Reasonable and legitimate expression of opinion based on objective facts and legitimate day-to-day activities would not constitute an offence. Whether it be offences under the Hong Kong National Security Law or other offences endangering national security under the laws of the HKSAR, they only target an extremely small minority of organisations and individuals endangering national security."
As for enforcement actions, the HKSAR Government's spokesperson reiterated that, "the HKSAR law enforcement agencies have been taking law enforcement actions based on evidence and strictly in accordance with the law in respect of the acts of the persons or entities concerned, and have nothing to do with their political stance, background or occupation."
"Like law enforcement agencies around the world, the HKSAR's law enforcement agencies released information of fugitive offenders who are suspected to have committed serious offences and are wanted, and appealed for the public's assistance in bringing fugitive offenders to justice. This is legitimate, necessary, and squarely in line with international practice. The US often abuses 'long-arm jurisdiction' and unilateral sanctions to target citizens of other countries. Its smears on the HKSAR's enforcement actions taken in accordance with the law are simply untenable."
"On bail arrangement, the cardinal importance of safeguarding national security and preventing and suppressing acts endangering national security explains why the Hong Kong National Security Law introduces more stringent conditions to the grant of bail in relation to offences endangering national security. Some jurisdictions have even put in place regimes that authorise prolonged detention on national security grounds without charge, depending on the specific circumstances of the case. The content against the implementation of the arrangement mentioned in the so-called report by the US are nothing but unreasonable smears."
On safeguarding the due administration of justice and the rule of law, the HKSAR Government spokesperson reiterated that, "Hong Kong is a society underpinned by the rule of law and has always adhered to the principle that laws must be obeyed and lawbreakers be held accountable. The HKSAR's judicial system is highly regarded by the international community. The HKSAR Judiciary exercises judicial power independently in accordance with the law, free from any interference. Everyone charged with a criminal offence has the right to a fair hearing."
In response to the false information in the so-called report by the US on the conditions of correctional services facilities, the HKSAR Government spokesperson said, "the Correctional Services Department (CSD) is committed to providing a secure, safe, humane, decent and healthy custodial environment for persons in custody (PICs). The rights of PICs are safeguarded through a system of regular visits by independent visitors, namely Justices of the Peace (JPs), who are vested with the statutory duties to inspect the prisons once or twice every month. PICs may approach visiting JPs or lodge complaints through other channels including the CSD's Complaints Investigation Unit, the Ombudsman, etc. All complaints by PICs will be handled in an open, fair and just manner."
"In the interests of a particular prisoner or for the maintenance of good order and discipline, the Commissioner of Correctional Services is empowered to make arrangements under section 68B of the Prison Rules that such prisoner should not associate with other prisoners (i.e. the so-called 'solitary confinement'). One of the purposes of the relevant arrangement is to ensure the personal safety and well-being of the PICs, which can be requested by the PICs themselves and approved by the Commissioner after considering the matter in accordance with the law; or the Commissioner may make such arrangements after considering the relevant factors in accordance with the legal requirements and procedures."
Regarding the false information regarding deportation policy in the so-called report by the US, the HKSAR Government spokesperson said that, "The HKSAR Government maintains a firm policy of not granting asylum and not determining or recognising refugee status of any person. A Unified Screening Mechanism (USM) has been put in place to screen non-refoulement claims on all applicable grounds in one go. The procedures of the USM meet the high standards of fairness as required by law and compare most favourably with those adopted in other common law jurisdictions. Each non-refoulement claimant is also provided with publicly-funded legal assistance."
"At present, the Immigration Department (ImmD) can generally handle each new non-refoulement claim received instantly, and the Torture Claims Appeal Board has streamlined its processes to improve efficiency in handling appeal cases, with the appeal processing time drastically reduced to around four months. Moreover, the Judiciary has been proactively implementing a host of measures to ensure that non-refoulement claim related cases are handled as expeditiously as reasonably practicable, including increasing manpower to handle the growing number of cases, streamlining the relevant court procedures to enhance efficiency, etc."
"Non-refoulement claimants have no lawful status to stay in Hong Kong. Regardless of the outcome of their non-refoulement claims, claimants are not permitted to remain legally in Hong Kong and they have no right to work in Hong Kong. In those circumstances where it is necessary to detain non-refoulement claimants in accordance with the relevant statutory provisions, legal principles established by the Court and the prevailing detention policy, they are provided with adequate facilities. The HKSAR Government also provides humanitarian assistance to them for sustaining their livelihood in Hong Kong. At present, Hong Kong has three detention facilities offering a total of 940 places for detaining non-refoulement claimants, which accounts for about 6 per cent of some 15 800 claimants. The said report which stated approximately 8 700 were held in immigration facilities is seriously inconsistent with the facts."
Moreover, according to the HKSAR Government's updated removal policy, ImmD will proceed with the removal of unsubstantiated claimants from Hong Kong upon dismissal of their judicial review or relevant leave applications pertaining to their non-refoulement claims by the Court of First Instance (CFI) of the High Court, irrespective of whether there are outstanding court proceedings (including appeals lodged to the higher courts against the decisions of the CFI). The courts have also affirmed that the HKSAR Government's updated removal policy is lawful and reasonable."
The HKSAR Government spokesperson reiterated that, "the HKSAR steadfastly safeguards national sovereignty, security and development interests, and fully and faithfully lives up to this top priority of 'one country, two systems'. With the strong support from the motherland, and as the only city where the global advantage and the China advantage converge under 'one country, two systems', Hong Kong will continue to protect and promote human rights through security, development and co-operation, as well as to tell good stories of the HKSAR's human rights situation in a reasoned and robust manner."
