The human rights condition in Hong Kong deteriorated severely in 2018, especially in the areas of freedom of expression, peaceful assembly and association. In terms of freedom of expression and association, the Hong Kong government deprived the civil and political rights of individuals or groups advocating a change of government or government policies, claiming that any advocacy for Hong Kong’s independence or self-determination, even by non-violent means, threatens “national security” and therefore is “illegal” or does “not uphold the Basic Law”. The concept of “national security” as used by Hong Kong government lacks clarity and legal predictability and is arbitrarily applied to suppress dissent and political opposition. These restrictions have a chilling effect on the enjoyment of the right to freedom of expression in the city.
Nine Umbrella Movement leaders were prosecuted on vague and ambiguous charges of the common law offence of “public nuisance”. By seeking lengthy prison sentences against peaceful protesters, the prosecution of participants in the Umbrella Movement has a chilling effect on the rights to freedom of expression and peaceful assembly in Hong Kong, especially when the government could refer to any guilty verdicts to further charge other Umbrella Movement protesters.
The government has more frequently deprived citizens of their rights in recent years by expanding the interpretation of “national security”. The expansion of the term, sometimes described as extending the “red line”, making people feel insecure which in turn has led to more self-censorship. In addition to the media, some cultural venues also self-censored and attempted to cancel activities that might be politically sensitive. A Chinese artist cancelled an exhibition originally planned in Hong Kong for security reasons, citing the case of the missing Hong Kong booksellers in 2015 as a reason for not wanting to come to Hong Kong. When freedom of expression is not protected – and even worse when the government also imposes restrictions on it, the diversity of culture will also be affected.
In November the Universal Periodic Review (UPR), a unique process in which United Nations member states regularly examine the human rights record of individual states, reviewed China including Hong Kong. Several states raised concerns about and provided recommendations on human rights in Hong Kong, including the recommendations to guarantee freedom of expression, assembly and association, and to remove obstacles to freedom of information on the internet, in particular for human rights defenders” from France; and uphold the rights, freedoms and rule of law embodied in the one country, two systems framework for Hong Kong” from Australia.