New protester arrests, intensified surveillance, UN tug-of-war

Highlights from this issue:

• National Day protestor arrested  
• “Sedition” conviction for Mainland Chinese student  
• Chinese ministry demands details of foreign consular staff 
• EU raises Hong Kong repression at United Nations 
• California governor’s visit to Hong Kong draws criticism   

Rule of Law

• National Day, Mid-autumn Festival protesters arrested: On October 1, China’s National Day and the anniversary of the founding of the People’s Republic of China, police surrounded and detained activist Yung Wai-Yip in a commercial district. Yung had stood silently holding white flowers and wearing a black t-shirt with the phrase “Hong Kong—add oil,” symbols of mourning in Chinese culture, and a phrase used for encouragement, respectively. He was reportedly arrested for disrupting order in a public place. As noted above, “Grandpa Chan” was also arrested for a Mid-autumn Festival protest (see Image of the Month). Besides such prosecutions for actions that years ago would have been considered protected speech in Hong Kong, a heavy police presence, increased surveillance, and preemptive visits to known activists have served to head off larger protests, even on less sensitive issues like women’s and workers’ rights. 
• “Sedition” conviction for Mainland Chinese student: On September 12, a Hong Kong court sentenced Zeng Yuxuan—a doctoral student from mainland China—to six months in prison under the city’s colonial-era sedition laws. She was reportedly punished for possessing posters of the “Pillar of Shame,” a sculpture commemorating the 1989 Tiananmen Square massacre; for commemorating the death of a Hong Kong protester in 2021; and for maintaining contact with US-based activist Zhou Fengsuo. Zeng is the first mainland Chinese person convicted of sedition in Hong Kong. She pleaded guilty in the apparent hope of reducing the sentence, but was reportedly defiant in her court appearance, wearing a sweatshirt with an image of Winnie the Pooh, a meme derogatory of Xi Jinping. On October 12, local media reported that she had been released and returned to mainland China, but it remains unclear if she will serve her prison sentence there. 

Press Freedom

• Chinese security forces urged Hong Kong radio host to become pro-Beijing YouTuber: On October 2, Radio Free Asia (RFA) reported that Chinese state security police had approached former Hong Kong radio host Edmund Wan toward the end of a 32-month-long jail term, encouraging him to set up a YouTube channel upon his release to “tell good stories about China.” Wan, who had been convicted of “sedition” and “money laundering” related to crowd-funding and comments made in online radio broadcasts from August to October 2020, refused and exposed the attempt after relocating to Canada. The attempt aligns with a larger pattern of CCP-linked actors attempting to create or recruit social media influencers to broadcast pro-Beijing messages or outright disinformation. 

Surveillance 

• Chinese Foreign Ministry demands Hong Kong consulates hand over local staff data: On September 20, the BBC reported that China’s Foreign Ministry had written to foreign consulates in Hong Kong to request that personal details of locally hired staff, including their home addresses, be submitted by October 18. This is believed to be the first time such a request has been made in Hong Kong and is the latest sign of tightening surveillance, especially for those communicating with foreigners, as well as of efforts to bring governance in Hong Kong into alignment with more intrusive policies in mainland China. 

Academic and Artistic Freedom

• Man convicted for importing banned children’s books:  Kurt Leung was sentenced on October 6 to four months in prison for importing “seditious publications.” Leung had received a delivery of 18 copies of an illustrated children’s book that had been deemed to “incite hatred” of the Chinese and Hong Kong government in a 2022 trial. 

Beyond Hong Kong 

• Chinese government pressures UN missions to avoid event on Hong Kong press freedom: China’s mission to the United Nations in Geneva issued a letter to fellow missions urging governments “not to participate in any way” in an event about press freedom in Hong Kong scheduled for September 27 on the sidelines of the UN Human Rights Council. It included among the speakers the son of jailed media tycoon Jimmy Lai. The event proceeded as planned, while garnering sponsorship from over 20 countries. 

Featured Initiatives

• Joint letter to Biden on anniversary of Jimmy Lai’s arrest: On September 25, a coalition of 67 human rights groups and organizations representing the Hong Kong diaspora published a joint letter to US President Joseph R. Biden on the occasion of the 1,000th day in custody of prodemocracy media tycoon Jimmy Lai. The letter outlines Lai’s plight and wrongful detention, while calling on Biden and his administration to call for the release of Lai and other political prisoners, hold Hong Kong and Chinese officials accountable for their imprisonment (including via sanctions), and ensure that already sanctioned officials—including Hong Kong chief executive John Lee—are not invited to the Asia-Pacific Economic Cooperation (APEC) summit in San Francisco in November. 
• European Union statements at the United Nations: On September 26, as part of a longer statement regarding various human rights crises around the world, the European Union (EU) delegation to the UN Human Rights Council included specific reference to deteriorating conditions in Hong Kong, citing particular concern over the “repressive use of the National Security Law and of the Sedition Law to undermine fundamental freedoms.” They called on the Chinese and Hong Kong authorities to “restore full respect for the rule of law, fundamental freedoms, and democratic principles,” in compliance with both domestic and international legal obligations. A similar statement was made by the EU ambassador at the UN General Assembly meeting in New York on October 17, 2023.  
• Worldwide “Day of Mourning” Protests: On October 1, China celebrated its National Day, marking the 74th year since the rise of the Chinese Communist Party (CCP) to power and the founding of the People’s Republic of China. The occasion was met with global protests referred to by activists as a “Day of Mourning.” Demonstrations took place in major cities worldwide, with at least 22 anti-CCP protests unfolding in London, Washington, DC, San Francisco, Tokyo and Taipei among others. Protesters from various groups, including Hong Kongers, raised their collective voices to draw attention to the CCP's history of oppression and advocate for greater freedom and human rights in China.  

What to Watch For

• Backlash against California governor’s trip to Hong Kong: On October 22, California Governor Gavin Newsom landed in Hong Kong on the first stop of a trip to China, which he announced in advance would focus on climate change cooperation and “steer clear” of human rights. Newsom came under fire from fellow Democrats, as well as Republicans, civil society groups, and former US diplomats, who questioned the wisdom of the visit and urged him to openly condemn repression of the Hong Kong people, lest he “fuel the impression that it is business as usual.” Watch for whether Newsom indeed speaks out against rights abuses in the territory, is co-opted into making statements favorable to the Chinese and Hong Kong governments, and what political fallout emerges from the seemingly ill-conceived visit.  
• Chief Executive John Lee’s attendance or absence from APEC: In July, US media reported that the White House had decided to bar Lee’s attendance at the APEC forum to be hosted in San Francisco next month, which CCP chief Xi Jinping may also attend. Lee was sanctioned in 2020 when he was Hong Kong’s chief security official for his involvement in political imprisonment and other enforcement of the National Security Law in the territory. Watch for whether Lee and other sanctioned officials are indeed excluded from the summit.  
• Increased harassment of Hong Kong Journalists Association: Ronson Chan, the chair of the widely respected Hong Kong Journalists Association (HKJA) was sentenced on September 25 to five days in jail. Chan had been arrested last year while reporting and charged with “obstructing police” after he failed to hand over his identity card. Chan pleaded not guilty, said he had asked police to show a warrant but they refused. The HKJA is one of the few independent trade unions and civil society groups still operating in Hong Kong, and periodically criticizes local police and government officials. Watch for whether authorities intensify harassment of the HKJA and its representatives, as well as whether other journalists are jailed for failing to show ID cards.