'Chilling': Raising democracy & human rights on the world stage a 'red line' for Chinese government

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00:00International condemnation has been pouring in after a court in Hong Kong

00:03handed down jail sentences to 45 pro-democracy leaders.

00:08The defendants, which included some of the city's most prominent activists,

00:11were accused of conspiracy to commit subversion

00:14after holding an unofficial primary election in Hong Kong back in 2020,

00:19while their case marked the single largest trial under a national security law imposed by Beijing.

00:25Reacting to the sentencing, the EU has said it's another unprecedented blow

00:29against the city's fundamental freedoms.

00:31Take a listen to what Hong Kong's Secretary of Security Chris Tang has been saying.

00:41In a High Court ruling today regarding a case of conspiracy to subvert state power,

00:47the 45 convicted defendants received their sentences.

00:51The sentence for principal offender Benny Tai had a starting point of 15 years

00:57and was cut down to 10 years due to his guilty plea.

01:00Other than that, the defendants' sentences ranged from four years and two months

01:05to seven years and nine months.

01:11Well, let's get more on this with Elaine Pearson,

01:13who is Asia Director for Human Rights Watch.

01:16Elaine, thanks so much for joining us on the programme.

01:18Really appreciate your time.

01:19So as I mentioned there, this case marks the single largest trial under this

01:24national security law, which of course was imposed by Beijing.

01:28Can you tell us a bit more about what this law entails exactly?

01:33Yeah, I mean, this is really a dark day for Hong Kong.

01:36It's a dark day for democracy everywhere to see 45 people criminalised and convicted

01:42for peaceful political activity.

01:45And this tells you everything that is wrong with the national security law in Hong Kong.

01:49It takes all sorts of things that are unremarkable in a democracy,

01:53such as participating peacefully in political activity, running in an unauthorised primary.

01:59And that counts as subversion.

02:01Now in Hong Kong, under the national security law, all sorts of things are punished,

02:06whether it's participating in street protests, political slogans,

02:11even possessing certain newspapers or books about democracy.

02:17And so this is really chilling and it will have a chilling effect,

02:20you know, frankly, in Hong Kong and around the world.

02:24And, you know, we need governments really to continue to speak up and take action.

02:29Well, I think I know the answer to this next question, Elaine.

02:31Critics are saying that this national security law very much stifles

02:36any sort of political dissident in Hong Kong.

02:39Give us your reaction to that and your take to that.

02:43Well, it does.

02:44I mean, it absolutely does.

02:45I mean, these prosecutions, you know, should be quashed.

02:49People should be released.

02:50I mean, if you look at who's being prosecuted, you know, it's a law professor,

02:54it's former journalists, it's legislators, it's former student leaders,

02:58people who are actively trying to defend democracy in Hong Kong under the one country, two systems.

03:06And, you know, instead, they're paying a very heavy price.

03:08They're going to jail for, you know, many years.

03:12And this does send a chilling effect to others.

03:15So, you know, the national security law, many governments

03:18have raised concerns about how it violates international law.

03:21And so I think now we're looking to those governments to see,

03:24well, what's going to be the follow up action?

03:26People are going to jail as a result of this law that violates human rights.

03:30We have, you know, laws on targeted sanctions

03:34that should be being applied, frankly, by countries that are concerned about democracy.

03:39And so we'd like to see those sorts of targeted sanctions

03:41applied to the Hong Kong officials that are violating human rights

03:45by sending people to prison for, you know, simply exercising their basic rights.

03:49Well, let's talk about the state of the pro-democracy movement in Hong Kong.

03:53We, of course, saw those massive protests in 2019.

03:57Tell us about whether this movement still has the fire that it had in 2019.

04:01We're seeing Beijing have more and more influence on Hong Kong.

04:05Where is the pro-democracy movement at the moment?

04:08Well, I mean, many of the leaders are in jail now,

04:12or they've had to flee to other countries.

04:14So they're continuing their activism elsewhere in the diaspora.

04:18You know, the big street protests that we saw five years ago,

04:21you know, are obviously not happening now because of the passage of the national security law.

04:26But that has not extinguished the desire of Hong Kongers for democracy and freedom.

04:31And Gwyneth Ho, who was one of the accused who was convicted today,

04:36released a very lengthy statement on social media, which I would encourage people to read.

04:41And she talks about how Hong Kong people, you know, really grew strength

04:46from others around the world who are also battling and fighting on the front lines

04:50for democracy, peaceful activists like Navalny in Russia or the Belarusian activists,

04:56and that they need to continue this fight for democracy peacefully around the world

05:02in order to ensure that, you know, people in Hong Kong can really be free

05:07and enjoy the freedoms that were promised to them

05:10and that have been repeatedly violated by the Chinese government.

05:14And we've seen a lot of condemnation with chorus of international condemnation

05:18from countries around the world today to this news that

05:22the 45 pro-democracy activists were sentenced.

05:26Tell us about what the international community can be doing.

05:28You alluded to the sanctions that were put forward, but I think never really enforced.

05:35Tell us what the international community could be doing more

05:37in terms of making sure democracy stays in Hong Kong.

05:41Well, obviously, it's a good thing that, you know,

05:43states around the world have been condemning these actions.

05:47And, you know, some states have been calling for the repeal of the national security law

05:51or that it should be amended in line with international standards.

05:54That absolutely needs to happen.

05:56I think what we'd like to see is targeted sanctions

06:00on those Hong Kong officials that are violating human rights.

06:03We have many countries that have laws that allow

06:05for targeted sanctions on human rights grounds.

06:08So these really need to be applied.

06:10We'd also like to see human rights front and centre of bilateral discussions

06:14with the Chinese government, with the Hong Kong authorities at every opportunity.

06:19And, you know, frankly, it's not only up to governments.

06:21We'd also like to see businesses that have interests in Hong Kong,

06:26this must send a chill down the spine of any international company

06:29to see the way in which the reach of this law

06:33is having very harsh consequences on individuals.

06:36And so I think at every opportunity, people need to be raising these concerns.

06:40It was also chilling to see that when Biden and Xi recently met just a few days ago,

06:46that raising democracy and human rights was presented as a red line

06:50for the Chinese government, that they don't want to see these issues raised.

06:53They're trying to silence and censor any criticism of human rights

06:58when actually what should be outlawed, what should be the red line

07:02is the violation of human rights wherever we see that occurring.

07:05And, you know, it's up to states to protect human rights.

07:08They've agreed to do that under international law

07:11and they need to take steps to remedy that.

07:13And if they don't, it's absolutely appropriate

07:16for other states to raise those concerns and take action.

07:19Elaine, thank you so much for coming on the programme

07:21and giving us your perspective.

07:23I really appreciate getting your thoughts.

07:24That's Elaine Pearson, who is Asian Director for Human Rights Watch.

07:28Thank you so much for joining us.

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