China-Hong Kong: PEN International raises writer Jimmy Lai’s case during United Nations Human Rights Council

15 March: PEN International has raised its concern regarding imprisoned writer and publisher Jimmy Lai during the 52nd session of the United Nations Human Rights Council in Geneva.

For further information on Jimmy Lai’s case, click here.

PEN International’s first statement was submitted as part of the Interactive Dialogue with the United Nations Special Rapporteur on promoting human rights while countering terrorism:

Thank you for the opportunity to address the Council on behalf of PEN International about the unlawful and arbitrary detention of journalists and pro-democracy campaigners in Hong Kong.

We thank the UNSR for her work on the abuse of counter-terrorism laws to restrict fundamental human rights, including the right to freedom of expression.

Since its introduction in 2020, Hong Kong has used the National Security Law to target and imprison journalists and others who engage in peaceful expression.

PEN International is deeply concerned by the treatment of Jimmy Lai. Mr Lai is a renowned media entrepreneur, writer and founder of Apple Daily, the popular pro-democracy newspaper which was forcibly closed by the Hong Kong authorities. Mr Lai has been in prison since 2020 and he now awaits trial in September 2023 for alleged sedition and breach of the National Security Law for his work: for Apple Daily’s journalism and writing about the protection of democracy.

Mr Lai’s case is emblematic of a broader trend, with national security and counter-terrorism laws being used to target journalists and human rights defenders for exercising their internationally protected right to freedom of expression.

Journalists and media workers are among the estimated 100,000 people who have fled Hong Kong since China imposed the controversial National Security Law (NSL). The NSL is being used to attack the media and civil society institutions. Over 1,000 political prisoners are languishing in Hong Kong’s jails. Newspapers have closed. The rule of law is undermined.

PEN International calls on Hong Kong’s administration to respect freedom of expression as enshrined in the nation’s constitution and allow all journalists to work without fear of arrest or reprisal. PEN International calls on Hong Kong to drop all charges against Mr Lai, and all journalists facing prosecution for their work.

We are here to ask for your help. Journalism is not a crime.

We urge the UNSR and the Council to raise Mr Lai’s case, along with the cases of all journalists imprisoned under the National Security Law, raise concern with the abuse of counter-terrorism laws against journalists, and to make the protection of journalists and respect for freedom of expression central to engagement with Hong Kong and China

The second statement was represented by Caoilfhionn Gallagher KC, a member of Jimmy Lai’s international legal team, on behalf of PEN International and was submitted as part of the Interactive Dialogue with the United Nations Special Rapporteur on Human Rights Defenders:

Thank you for the opportunity to address the Council on behalf of PEN International about the unlawful and arbitrary detention of journalists and human rights defenders in Hong Kong, and the targeting of journalists, campaigners and lawyers working on Hong Kong issues around the world.

We thank the UNSR for her work on the protection of human rights defenders, ‘who individually or in association with others, act to promote or protect human rights peacefully’. 

In recent years, Hong Kong has used criminal laws, including the National Security Law, to target human rights defenders, including journalists, in Hong Kong, and also to threaten and harass critics of the Hong Kong authorities based around the world.

My name is Caoilfhionn Gallagher KC and I am a member of the international legal team for Mr Jimmy Lai. Mr Lai is a renowned media entrepreneur, writer and founder of Apple Daily. Mr Lai has already served lengthy sentences of imprisonment for exercising his rights, and in so doing defending the rights of others to freedom of expression and to peaceful protest. He is now awaiting trial in September 2023 for alleged sedition and offences under the National Security Law for his work: for his journalism, and for Apple Daily’s publications about the protection of democracy. For this, he faces life imprisonment.

The targeting and harassment has not stopped at Hong Kong’s borders. Individuals based outside Hong Kong who are associated with Mr Lai, including members of his international legal team, and those who have been vocal in their criticism of the Hong Kong authorities’ suppression of rights and freedoms have faced online threats and harassment; surveillance; and some have even been threatened with prosecution under the National Security Law, wherever in the world they may be. I and my colleagues on Mr Lai’s international legal team have faced a barrage of attacks, including hacking attempts, fake emails impersonating us being sent to politicians, journalists and campaigners, hostile coverage in Chinese state media describing us as enemies of the state, and even rape and death threats.  All this for acting for our client, Mr Lai, defending his rights.

Mr Lai’s case and the targeting and harassment of those associated with him and of advocates for rights and freedoms in Hong Kong is emblematic of a broader trend: the Beijing and Hong Kong authorities attacking civil society and human rights defenders in Hong Kong, and around the world, to silence any independent scrutiny of government.

PEN International calls on Hong Kong’s administration to protect the work of human rights defenders who peacefully protest and advocate for democracy and human rights. PEN International calls on Hong Kong to drop all charges against Mr Lai, and all journalists and human rights defenders facing prosecution for their work, and to investigate and prosecute those responsible for threats and harassment against HRDs based both in and outside of Hong Kong.

We urge the UNSR and the Council to raise Mr Lai’s case, along with the cases of all peaceful protesters and defenders of rights and freedoms in Hong Kong who have been unlawfully targeted and harassed in Hong Kong, and abroad.

For further information please contact Ross Holder, Head of Asia/ Pacific Region at PEN International, email: [email protected]