Joint Statement | Hong Kong: Immediately Drop Charges Against Victoria Park Candlelight Vigil Organizers

(New York, September 16, 2021)-Hong Kong's government should drop all charges against the leaders of the civic group that had held annual mass vigils commemorating the 1989 Tiananmen Massacre in China, 62 Hong Kong and international human rights groups said.

On September 9, 2021, Hong Kong's Secretary for Justice charged the Hong Kong Alliance in Support of Patriotic Democratic Movements of China and its chair, Lee Cheuk-Yan, 64, and vice-chairs, Chow Hang-Tung, 36, and Albert Ho, 69, with "inciting subversion." Police had arrested Chow on September 8, while Lee and Ho had already been jailed for other activism since April and May, respectively. Chow and four other leading members of the Alliance-Tang Ngok-Kwan, 53; Simon Leung, 36; Chan To-Wai, 57; and Tsui Hon-Kwong, 72-were separately charged with "failing to comply with notice to provide information" and denied bail. The prosecutions violate Hong Kong's obligations under international human rights law to respect freedom of expression, association, and peaceful assembly.

"By arresting vigil organizers, Beijing and Hong Kong authorities are telling the world they're not only afraid of the most peaceful protests, but also of their own brutal past," said Sophie Richardson, China Director at Human Rights Watch. "They should end this political persecution and immediately drop the charges and release the vigil organizers."

The Chinese government imposed the draconian National Security Law on Hong Kong on June 30, 2020. "Inciting subversion" and "failing to comply with notice to provide information" are offenses under Articles 23 and 43 of the law. Their definitions are overly broad and vague. "Subversion" criminalizes conduct that seriously "interferes," "disrupts," or "undermines" the functioning of the Chinese or Hong Kong governments, a definition broad enough to encompass peaceful protest. The charges are part of Beijing's escalating campaign against the Hong Kong Alliance.

Hong Kong police banned the vigils in 2020 and 2021 on public-health grounds. Before those bans, Hong Kong was the only place under Chinese sovereignty where the 1989 Tiananmen Massacre was publicly commemorated every year.

The government intensified its campaign of intimidation in 2021. On June 2, the Food and Environmental Hygiene Department declared that the Alliance's June 4th Museum, which focuses on the Tiananmen crackdown, had violated licensing requirements for places of public entertainment and forced the Alliance to close the museum temporarily. On June 4, police arrested Chow Hang-Tung for "inciting others to participate in an unauthorized assembly" after she urged people to light candles to commemorate the Tiananmen Massacre. Police also cordoned off Victoria Park and deployed thousands of officers across the city to prevent protests.

In July, anticipating further government action, the Hong Kong Alliance laid off staff and scaled back operations. On August 25, police opened an investigation into alleged "collusion with foreign powers" and demanded the Alliance's membership and financial information. The group refused, citing abuse of police power and a lack of reasonable basis; police then again arrested Chow Hang-Tung and members of the Alliance's executive committee.

On September 9, police raided the temporarily closed June 4th Museum and removed exhibits, including photographs of past Victoria Park candlelight vigils and a large image of the Goddess of Democracy associated with the 1989 pro-democracy movement. On September 10, police froze HK$2.2 million in Alliance assets. That same day, the Secretary for Security informed the Alliance that the government intended to revoke its registration with the Companies Registry, effectively dissolving the organization.

Human rights and fundamental freedoms are protected by Hong Kong's de facto constitution, the Basic Law. They are also guaranteed by the International Covenant on Civil and Political Rights (ICCPR), which remains applicable in Hong Kong through the Basic Law and is given effect through the Hong Kong Bill of Rights Ordinance. The ICCPR protects freedom of expression, association, and peaceful assembly, among other fundamental rights.

Governments concerned about Hong Kong should impose coordinated and targeted sanctions-including travel bans and asset freezes-on Chief Executive Carrie Lam, Commissioner of Police Raymond Siu, Secretary for Security Tang Ping-Keung, and other Chinese and Hong Kong officials responsible for the crackdown, the groups said. They should also issue coordinated public statements expressing concern about attacks on civil society. Over the longer term, governments should support groups outside Hong Kong and China in preserving and publishing materials-including slogans, artwork, and political content-that are being banned or suppressed in Hong Kong, particularly materials concerning the 1989 Tiananmen Massacre.

"Hong Kong and mainland authorities should not be able to ban commemorations, shutter museums, and jail peaceful critics without paying a price," said Jianli Yang, founder of Citizen Power Initiatives for China. "Governments appalled by the rapidly deteriorating human rights situation in Hong Kong should make their opposition felt."

(New York, September 16, 2021)-Hong Kong's government should drop all charges against the leaders of the civic group that had held annual mass vigils commemorating the 1989 Tiananmen Massacre in China, 62 Hong Kong and international human rights groups said.

On September 9, 2021, the Hong Kong justice secretary charged the Hong Kong Alliance in Support of Patriotic Democratic Movements of China, the group's chair Lee Cheuk-Yan, 64, and the vice-chairs Chow Hang-tung, 36, and Albert Ho, 69, with "inciting subversion." Police had arrested Chow on September 8, while Lee and Ho have been jailed for their activism since April and May, respectively. Chow and four other leading members of the group, Tang Ngok-Kwan, 53, Simon Leung, 36, Chan To-Wai, 57, and Tsui Hon-kwong, 72, are separately charged with "failing to comply with notice to provide information." All five have been denied bail. The prosecutions violate Hong Kong's obligations under international human rights law to respect the rights to freedom of expression, association, and peaceful assembly.

"By arresting vigil organizers, Beijing and Hong Kong authorities are telling the world they're not only afraid of the most peaceful protests, but also of their own brutal past," said Sophie Richardson, China Director at Human Rights Watch. "They should end this political persecution and immediately drop the charges and release the vigil organizers."

The charges of "inciting subversion" and "failing to comply with notice to provide information" are crimes under Hong Kong's draconian National Security Law (arts. 23 and 43), which the Chinese government imposed on the city on June 30, 2020. The definitions of these offenses are overly broad and vague. "Subversion" criminalizes any act that seriously "interferes," "disrupts," or "undermines" the functioning of the Chinese or Hong Kong governments, a definition that can readily include peaceful protests.

The charges are part of Beijing's escalating campaign against the Hong Kong Alliance, the organizer of the annual Victoria Park Vigil that commemorates the 1989 Tiananmen Massacre.

Until the Hong Kong police banned the vigils in 2020 and 2021, citing public health grounds, Hong Kong was the only place under Chinese sovereignty where the 1989 Tiananmen Massacre was publicly commemorated every year.

The government stepped up its intimidation campaign in 2021. On June 2, the Food and Environmental Hygiene Department declared that the Alliance's "June 4th Museum," which focuses on the Tiananmen crackdown, had violated the law for not having a "public entertainment" permit, compelling the Alliance to temporarily close the museum.

On June 4, the police arrested Chow for "inciting unauthorized assembly" after she urged people to mark the Tiananmen Massacre by lighting candles. The police also blocked off the park and stationed thousands of officers throughout the city to prevent protests.

In July, the Hong Kong Alliance laid off its staff and downsized its operations in anticipation of the government's crackdown on the group. On August 25, police demanded the group's membership and financial information in an investigation of its alleged "collusion with foreign powers." After the group refused to provide the information, citing police misuse of power and lack of reasonable cause, the police again arrested Chow, along with the Alliance committee members.

On September 9, police raided the shuttered June 4th Museum and removed some of the exhibits, including photos of previous Victoria Park vigils and an oversized paper cutout of the Goddess of Democracy, a statue that had featured in the 1989 pro-democracy protests in China. On September 10, police froze HK$2.2 million (US$ 282,850) worth of assets of the Alliance. On the same day, the Hong Kong secretary for security informed the Alliance that the government is planning to revoke the Alliance's registration with the Company Registrar, which will effectively disband the group.

Human rights and fundamental freedoms are enshrined in Hong Kong's de facto constitution, the Basic Law. These rights are also guaranteed by the International Covenant on Civil and Political Rights (ICCPR), which is incorporated into Hong Kong's legal framework via the Basic Law and expressed in the Bill of Rights Ordinance. The ICCPR protects the rights to freedom of expression, association, and peaceful assembly, among other basic liberties.

Concerned governments should impose coordinated, targeted sanctions, including travel bans and asset freezes, on Hong Kong Chief Executive Carrie Lam, Police Chief Raymond Siu, Secretary for Security Tang Ping-Keung and other Chinese and Hong Kong officials responsible for the attacks on the Hong Kong Alliance, the groups said. Those governments should also issue coordinated public statements expressing concern about attacks on civic groups more generally. Over the long term, they should provide assistance to groups outside Hong Kong and China to archive and publish materials, including slogans, artworks, and political content, that are now banned or barred in Hong Kong, particularly those related to the 1989 Tiananmen Massacre.

"Hong Kong and mainland authorities should not be able to ban commemorations, shutter museums, and jail peaceful critics without paying a price," Jianli Yang said.

"Governments appalled by the rapidly deteriorating human rights situation in Hong Kong should make their opposition felt."

Supporting Organizations

1. Action Free Hong Kong Montreal
2. Alliance Canada Hong Kong
3. Association of the New School for Democracy
4. Bay Area Friends of Tibet
5. Boston Tibet Network
6. Cambridge Stands With Hong Kong (UK)
7. Cadal - Argentina
8. Canada-Hong Kong Link
9. China Aid Association
10. China Against the Death Penalty
11. China Change
12. China Political Prisoners Concern Group, HK
13. Chinese Human Rights Defenders
14. Citizen Power Initiatives for China
15. Comité pour la Liberté à Hong Kong
16. D4HK (UK)
17. DC4HK China
18. Dialogue China
19. ECO Tibet Ireland
20. Freedom House
21. Germany Stands with Hong Kong
22. Global Alliance for Tibet & Persecuted Minorities (GATPM)
23. Grupo de Apoio ao Tibete-Portugal
24. Hong Kong Committee in Norway
25. Hong Kong Democracy Council
26. Hong Kong Forum, Los Angeles
27. Hong Kong Social Action Movements in Boston
28. Hong Kong Watch
29. Human Rights in China
30. Human Rights Watch
31. Humanitarian China
32. International Campaign for Tibet
33. International Service for Human Rights
34. International Society for Human Rights, Munich Chapter
35. International Tibet Network
36. Judicial Reform Foundation
37. Kong Club
38. LUNGTA - Actief voor Tibet
39. Netherlands for Hong Kong
40. New Yorkers Supporting Hong Kong (NY4HK)
41. Northern California Hong Kong Club
42. Safeguard Defenders
43. Santa Barbara Friends of Tibet
44. SEArious for HKG
45. Students for a Free Tibet
46. Swedish Tibet Committee
47. Swiss Tibetan Friendship Association
48. Taiwan Association for Human Rights, TAHR
49. Taiwan Hong Kong Association
50. Taiwan Forever Association, TFA
51. Taiwan Support China Human Rights Lawyers Network
52. The Taiwan United Nations Alliance
53. The Tibet Support Committee, Denmark
54. Tibet Initiative Deutschland
55. Tibet Justice Center
56. Toronto Association for Democracy in China
57. Torontonian HongKongers Action Group
58. US-Tibet Committee
59. Uyghur Human Rights Project
60. Victims of Communism Memorial Foundation
61. Vancouver Hong Kong Forum Society
62. Vancouver Society in Support of Democratic Movement