Police target exile dissidents’ family, court rejects protest anthem injunction, critical newspaper column ends

Highlights from this issue:

• Police question, detain relatives of exile dissidents 
• Critical column in pro-Beijing newspaper closes 
• Martial arts coach convicted of sedition for Facebook posts 
• UN report condemns harassment of Jimmy Lai’s son and legal team
• Heavy police presence expected on October 1, PRC National Day  

Rule of Law

• Police question, detain relatives of exile dissidents: In early July, Hong Kong police issued arrest warrants and a bounty of $HK1 million (US$127,700) for the arrest of eight rights activists and former legislators now living in exile. Within days, police began questioning and detaining their family members and acquaintances living in Hong Kong, and such actions continued throughout the summer. On July 18, police questioned relatives of Christopher Mung, an exiled labor activist, and two days later, the family of Dennis Kwok, an attorney and former lawmaker. On August 8, police questioned the parents of Anna Kwok, head of a Washington DC–based advocacy group. In addition to the eight main targets, police also visited family of Glacier Kwong, a civic activist now in Germany. Relatives’ homes were also raided. A Hong Kong police spokesperson told media that “other law enforcement actions, including arrests, cannot be ruled out.” Most of those targeted were questioned by police and then released. However, in the most serious action thus far, in late August, Nathan Law’s sister-in-law was formally detained by police after a raid on her apartment. 
• Police arrest activists who assisted defunct humanitarian fund: The targeting of exiled activists’ family members appears to be part of a larger operation to cut off those who fled abroad from contacts remaining in Hong Kong. On August 10, police arrested 10 people on charges of endangering national security via their aid to the now-defunct 612 Humanitarian Fund that sought to help protesters during the 2019 prodemocracy demonstrations, including by receiving donations from overseas and providing financial aid to those who fled abroad. Last year, the fund’s former trustees were arrested and have faced fines. 
• Minimum NSL sentences upheld: On August 22, a panel of judges rejected the appeal of jailed university student Lui Sai-yu, who pleaded guilty to posting “secessionist” messages in a Telegram channel and requested a sentence reduction, per usual practice in Hong Kong’s common law system. The judges unanimously dismissed the appeal, affirming that “serious offenses” under the National Security Law (NSL) must carry a minimum punishment of five years and setting a precedent for other ongoing prosecutions under the law.  

Press Freedom

• Critical newspaper column, Cantonese advocacy group shut down: On August 14, the pro-Beijing newspaper Oriental Daily announced that it would discontinue its column “Kung Fu Tea,” which had often been critical of local Hong Kong government and officials. Two weeks later, Gongjyuhok, an advocacy group promoting use of the Cantonese language, announced that it would be shutting down after national security police conducted a warrantless search of the former founder’s home over the group’s publication of a dystopian short story, part of a 2020 writing competition.  
• Government judicial reports disappear: Previously available information continues to disappear as Hong Kong authorities take new steps to reduce government transparency. On July 28, online news outlet InMedia reported that Hong Kong’s Department of Justice had deleted from its website all annual reports prior to 2020. The move was interpreted as an effort to protect the identities of prosecutors who have prosecuted civic activists and prodemocracy protesters under the NSL and other laws, as some advocates have called for international sanctions to be imposed on them. Reports after 2020 remain available but with almost no photos. 

Internet Freedom

• Sedition conviction for Facebook posts: On July 27, Danny Kong, a 63-year-old martial arts coach, was sentenced to three months in prison under a colonial-era sedition law for posts on Facebook criticizing the Communist Party and making factual comments like that the party “is very coercive.” Kong pleaded guilty the day before to posting various statements and images on Facebook. The DC-based Hong Kong Democracy Council pointed out, “Most Hong Kongers would agree with these views,” highlighting the likely intention of using his case as an example to intimidate others into silence.  

Academic and Artistic Freedom

• Foreign artists denied entry, may face legal charges: In two of the latest cases related to foreigners’ ability to enter Hong Kong, Matthew Connor, a photography professor from the Massachusetts College of Art and Design who had documented prodemocracy protests in the territory, was refused entry to Hong Kong on August 16 for the second time since 2019. The incident occurred five days after Danish artist Jens Galschiot, who designed the famous Pillar of Shame statue commemorating the 1989 Tiananmen Square crackdown, wrote to Hong Kong authorities attempting to confirm reports in pro-Beijing media that an arrest warrant had been issued against him. 

Featured Initiatives

• Judge rejects injunction on protest anthem: In an example of judicial pushback—which has become increasingly rare in politically sensitive cases—on July 28, Hong Kong’s high court rejected an injunction request by the government to ban the protest song “Glory to Hong Kong,” claiming it would create a chilling effect and undermine free expression. The government had attempted to ban distribution of the song online after it had been played accidentally at several sporting events as Hong Kong’s national anthem, instead of the People’s Republic of China (PRC) anthem. Many Hong Kongers celebrated the unexpected ruling online. Others feared the victory would be short-lived, as on August 23 the court granted a government request to appeal the judgement, with a hearing date set for September 13. 
• US State Department, United Nations report condemn harassment of activists’ families in Hong Kong and abroad: On August 25, the US State Department issued a statement that “strongly condemns the Hong Kong authorities’ ongoing harassment of family members in Hong Kong of democracy advocates living overseas,” and called on the Hong Kong authorities to cease all such harassment. Separately, in a September 28 report to the Human Rights Council on governments’ cooperation with the United Nations on human rights, the office of the UN Secretary General noted as problematic reprisals against Sabastien Lai, the son of jailed media owner Jimmy Lai, and his international legal team, citing attacks in pro-Beijing media, death threats, online surveillance and cyberattacks that they had faced.  

What to Watch For

• Heavy police presence, restrictions on public gatherings for anniversary of PRC’s founding: October 1 marks the 74th anniversary since the CCP’s ascent to power in 1949 and is celebrated as China’s National Day. In 2019, protests erupted across Hong Kong and were met with police violence, including live ammunition. In 2020, following the NSL’s adoption, thousands of police quickly smothered attempted demonstrations. Last year, authorities deployed counter-terrorism units and anti-riot armored vehicles to guard the official ceremony. This year watch for massive deployment of police to prevent even small protests, but also discreet actions by activists and ordinary Hong Kongers to express dissatisfaction with Beijing. 
• Prosecution of exiled dissidents’ family members in Hong Kong: Given the number of relatives and friends of exiled Hong Kong activists and former lawmakers who have been interrogated and in some cases, detained, over the past two months, watch for whether any of these individuals are prosecuted under the NSL or other legislation, what they are charged with, and the extent to which judges make an attempt to resist government efforts to use such blatantly politicized collective punishment.  
• Disinformation campaigns smearing Hong Kong activists and supporters: A series of investigations and incidents that have come to light since June indicate that Beijing’s tactics for foreign disinformation are becoming more aggressive and sophisticated. These include a campaign that the Canadian government exposed in August in which a network of accounts on Tencent’s WeChat platform engaged in a coordinated effort to smear the reputation of Parliament member Michael Chong. Chong’s father is from Hong Kong and he has been a vocal critic of increasing repression there and in China. The attention of officials in democracies to these activities has been increasing as well, evident from a recent hearing of the bipartisan US Congressional-Executive Commission on China that included Chong as a witness. Watch for evidence of new campaigns on a variety of platforms that seek to discredit Hong Kong activists or their supporters, and subsequent responses from technology firms and foreign governments.