05-06-2022, 12:59 AM
Impact on Police and Security Functions
Hong Kong authorities used the NSL, which the NPCSC imposed on Hong Kong in June 2020, to conduct politically motivated arrests and prosecutions against individuals and groups affiliated with the pro-democracy movement. During the covered period, authorities arrested at least 51 individuals in connection with alleged violations of the NSL, including secession, subversion, terrorist activities, and collusion with a foreign country or external elements to endanger national security, which includes “provoking hatred” against the PRC or Hong Kong governments. Authorities filed charges against at least 82 individuals and organizations, including 47 activists and politicians detained on February 28, 2021, and subsequently charged them with subversion the following day in connection to the 2020 unofficial pan-democratic primary election. During the covered period, two individuals were found guilty of violating the NSL at trial, while four pled guilty to violating the NSL.
Authorities also detained, prosecuted, and imprisoned a growing number of individuals under colonial-era statutes on “sedition” and “unauthorized assembly.” With few exceptions, the individuals arrested and prosecuted under the NSL, or these colonial-era statutes were exercising freedoms guaranteed in the Basic Law and the International Covenant on Civil and Political Rights.
The NSL grants the Hong Kong Police Force (HKPF) broad authorities to conduct wiretaps, electronic surveillance, and searches without warrants in national security-related cases, and to require internet service providers to provide or delete information relevant to these cases. During the covered period there were credible reports that PRC security services and the Office of Safeguarding National Security (OSNS) monitored pro-democracy and human rights activists and journalists in Hong Kong.
Impact on Judicial Independence and the Rule of Law
The Sino-British Joint Declaration, as well as Hong Kong’s Basic Law, provide for an independent judiciary, but during the covered period PRC and Hong Kong authorities repeatedly took actions that eroded the judiciary’s independence and ability to uphold the rule of law, particularly in cases that Hong Kong authorities designated as involving national security. The NSL states the NPCSC, rather than Hong Kong courts, has the power to interpret the NSL. The Court of Final Appeal, Hong Kong’s highest court, ruled in January 2021, that it had no power to find the NSL or any of its provisions unconstitutional or invalid based on incompatibility with the Basic Law or the International Covenant on Civil and Political Rights. NPCSC decisions have the force of law in Hong Kong and are not subject to judicial review by Hong Kong courts.
The NSL provision that authorizes the mainland China judicial system to take over any national security-related case at the request of the Hong Kong government or the OSNS was not used during the covered period.
Local authorities consistently followed an NSL provision requiring the Hong Kong Chief Executive establish a list of judges to handle any cases concerning national security-related offenses. Although Hong Kong’s judiciary selects the specific judge(s) from a list of judges who may hear any individual case, legal scholars argued this unprecedented involvement of the chief executive weakens Hong Kong’s judicial independence. OSNS activities are not subject to Hong Kong legal jurisdiction, and decisions made by the Committee for Safeguarding National Security are not subject to judicial review under the NSL.
Under the NSL, in cases concerning offenses designated as endangering national security Hong Kong authorities may designate that a panel of three specially designated national security judges will hear a case instead of a jury. During the covered period, in the first NSL case to go to trial the Hong Kong Secretary for Justice issued a certificate for the case to be heard by such a three-judge panel after claiming, without providing justification, that there could be a potential risk to jurors.
The NSL empowers Hong Kong law enforcement authorities to freeze any assets they deem to be used for, intended to be used for, or otherwise related to an offense endangering national security. Hong Kong authorities used these powers regularly during the covered period to freeze assets belonging to civil society groups, media organizations, and other targets under investigation for pro-democracy activities.
The NSL increased the threshold for bail in national security-related cases. Under the NSL, defendants charged with national security-related offenses may not be granted bail unless the judge has sufficient grounds to believe the defendant or suspect will not continue to commit acts endangering national security. Under this higher threshold for bail, many defendants charged under the NSL remain in custody months after their initial detention. For example, a majority of the 47 individuals charged with subversion for involvement in the 2020 unofficial pan-democratic primary election remain detained without trial more than a year after their February 2021 detention. Police detained and charged these individuals en masse, then demanded lengthy delays to investigate and gather evidence against them. Some activists and scholars described these lengthy pre-trial detentions for nonviolent crimes as prejudicial to defendants’ rights and an infringement on the right to a fair trial.
On several occasions during the covered period, prosecutors argued for the denial of bail based on defendants’ routine interactions with foreign governments and media outlets. For example, former lawmaker Jeremy Tam was denied bail after prosecutors argued that an email invitation from a foreign consulate constituted evidence that he was still “of interest to foreign powers,” while another former lawmaker, Claudia Mo, was denied bail in part based on interviews and text messages with foreign press. Media executive Cheung Kim-hung was denied bail after prosecutors cited a statement by the Media Freedom Coalition, signed by 21 governments, and a separate statement from the UK Foreign Secretary criticizing Cheung’s arrest, claiming that these statements were evidence of a close association between Cheung and “foreign political groups.”
During the covered period, Hong Kong prosecutors and police increasingly designated cases as related to national security even if they did not involve alleged violations of the NSL itself, including prosecutions under the colonial-era sedition statute. Authorities argued that NSL procedures regarding bail, the use of a designated national security judge, and limits on the right to trial by jury also apply to these cases, effectively widening the applicability of the NSL. In December 2021, the Court of Final Appeal ruled that the NSL’s higher threshold for bail applies to all cases designated as involving national security, which some scholars argued would accelerate the impact of the NSL on other areas of Hong Kong’s legal system.
In October 2021, the Hong Kong Legal Aid Department announced that Hong Kong authorities would assign lawyers to provide legal aid recipients in criminal cases, and that each lawyer would only be able to accept a limited number of legal aid and judicial review cases each year.
During the covered period, PRC-controlled state media outlets in both Hong Kong and mainland China repeatedly accused Hong Kong judges of bias following the acquittals of protesters accused of rioting and other crimes. At least one judge reportedly emigrated from Hong Kong during the covered period after receiving criticism from state media outlets for rulings in protest-related cases.
Impact on Freedom of Speech or Expression
Hong Kong law provides protections for freedom of speech, but the government regularly took actions infringing on this right. Hong Kong and PRC authorities and PRC-controlled media outlets regularly described speech perceived to be critical of the PRC or Hong Kong governments as violating the NSL or sedition laws.
Authorities arrested and prosecuted activists for speech critical of the central or local governments or their policies, including on social media. In June 2021, Chow Hang-tung, the then-vice chair of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China, was arrested and later charged and convicted for inciting unauthorized assembly because she urged people to “turn on the lights wherever you are” in remembrance of the Tiananmen Square massacre. In July 2021, officers from the HKPF National Security Department arrested and later charged five members of a labor union with “conspiring to publish seditious publications” after the union published a series of children’s books that implicitly referred to the 2019 pro-democracy movement. Authorities subsequently froze the union’s assets and canceled the union’s registration for alleged activities inconsistent with the union’s stated objectives. Hong Kong officials accused the books of “inciting hatred” and “poisoning” children’s minds against the PRC and Hong Kong governments.
During the covered period, Hong Kong authorities repeatedly targeted freedom of expression in connection with the 1989 Tiananmen Square massacre. In June 2021, authorities raided a museum dedicated to memorializing the massacre, following allegations that the museum did not have the appropriate license. The museum closed later that month. In December 2021, three Hong Kong universities removed and dismantled sculptures and artworks commemorating the massacre from their campuses, citing unspecified legal risks. The removal of at least one of the sculptures came despite an ongoing legal dispute regarding the sculpture’s ownership and an offer from the sculpture’s creator to remove the art from Hong Kong.
Prosecutors argued in multiple court hearings that the phrase “Liberate Hong Kong, Revolution of Our Times,” a common slogan of the 2019 pro-democracy protests, contained an inherent meaning of support for Hong Kong independence and/or a change in Hong Kong’s constitutional status. During the covered period, courts convicted two individuals of violating the NSL on that basis. Scholars and activists have argued the courts’ decisions failed to take into consideration protections for freedom of speech or expression enshrined in the Basic Law, the International Covenant on Civil and Political Rights, and the NSL itself.
In May 2021, Hong Kong authorities passed new legislation that criminalized inciting others not to vote or to cast blank ballots. Violators are subject to up to three years’ imprisonment and a fine. Authorities arrested at least ten individuals during the covered period for social media posts allegedly urging others to cast blank or invalid ballots and filed charges against at least two.
Legal experts described the legislation as conflicting with common law norms that criminalize incitement only when the behavior exhorted is itself illegal. Hong Kong officials have also claimed inciting others to boycott elections or cast blank ballots may violate the NSL.
Hong Kong law prohibits acts deemed to abuse or desecrate the PRC national flag or anthem. In September 2021, Hong Kong authorities amended the legislation to criminalize desecrating the national flag or anthem online, such as by posting an image of a “defiled” national flag on social media. During the covered period, at least three individuals were arrested for allegedly desecrating the flag or insulting the anthem.
In October 2021, LegCo passed a broad and vaguely drafted criminal film censorship law that empowers Hong Kong authorities to revoke a film’s license if “found to be contrary to national security interests.” Violators are subject to up to three years’ imprisonment.
Hong Kong authorities continued efforts to restrict the freedom of expression of individuals overseas under both the NSL and other legislation, including by issuing arrest warrants purely based on extraterritorial speech. There are reportedly NSL-related arrest warrants against 30 individuals residing outside Hong Kong, including U.S. citizens. Although reported in PRC state-controlled media, Hong Kong authorities have refused to acknowledge the existence of these warrants. In addition, the HKPF announced in December 2021 it had issued arrest warrants for at least seven Hong Kong pro-democracy activists and former elected officials now residing overseas for social media posts urging Hong Kong residents to boycott or cast blank ballots in the LegCo election that month.
Impact on Freedom of the Press
The Basic Law provides for freedom of the press, which is guaranteed under the Sino-British Joint Declaration, but PRC and Hong Kong authorities repeatedly violated this freedom by targeting independent media, resulting in unprecedented pressure on local independent media outlets in Hong Kong. In June 2021, HKPF National Security Department officers raided the offices of Apple Daily, an independent newspaper and online news platform; arrested seven executives, editors, and writers of Apple Daily and its parent company Next Digital and charged them with collusion with a foreign country or external elements under the NSL; and froze assets belonging to the company. Apple Daily subsequently ceased all operations.
In December 2021, police officers from the National Security Department arrested seven individuals associated with the pro-democracy online media outlet Stand News on suspicion of “conspiracy to print or distribute seditious materials” under the colonial-era sedition law. Police also raided the media outlet’s office, arrested staff members, seized journalistic materials, and froze its assets. Stand News subsequently announced it was ceasing operations and laying off its staff. Several other independent media outlets also announced their closure following the raid on Stand News, with some stating publicly that journalism had become too dangerous in Hong Kong. Citizen News closed in January 2022, for example, citing concerns over the safety of its staff.
PRC and Hong Kong officials, as well as PRC-controlled media, repeatedly criticized the Hong Kong Journalists Association during the covered period and accused the organization of potential NSL violations. In July 2021, the association released a report titled “Freedom in Tatters” outlining the erosion of press freedoms in Hong Kong. PRC officials also criticized the Foreign Correspondents’ Club in Hong Kong (FCC) on several occasions, including in November 2021 after the FCC published the results of a member survey showing that respondents believed the NSL caused Hong Kong’s media environment to change for the worse, and in December 2021 after the FCC released a statement expressing concern about the shuttering of Stand News.
During the covered period, pro-Beijing media and politicians accused government-owned public broadcaster RTHK of exercising little editorial oversight, being anti-police and anti-government, and thus violating the NSL. The Special Administrative Region (SAR) government subsequently forced out the managing director and replaced him with a pro-Beijing civil servant with no broadcasting experience. RTHK civil service employees were given a deadline to swear loyalty oaths, leading many to resign. Under its new management, RTHK also fired presenters, cancelled shows, and censored content based on political perspective.
Hong Kong authorities threatened foreign media outlets with legal consequences for the content of their editorials. In December 2021, a Hong Kong official sent a letter to the Wall Street Journal stating that “we reserve the right to take necessary action” against any incitement not to vote or to cast invalid votes, after the newspaper published an editorial criticizing the LegCo election. Hong Kong authorities also issued criticisms of other international outlets’ reporting and editorials, including The Economist, El Pais, La Libre, and the Sunday Times.
Hong Kong authorities have arrested and charged local reporters during the covered period for using publicly available governmental databases to investigate incidents during the 2019 protests. In addition, Hong Kong authorities implemented measures that limit public access to multiple public government databases, most notably the Hong Kong Companies Registry, including by requiring users accessing the Registry to disclose their names and identification numbers, and by restricting the information on company directors and addresses available in the Registry, with no exceptions available to journalists.
As noted in previous reports, the Department of State has no information indicating Hong Kong agents, persons, or entities were involved in the extrajudicial surveillance, abduction, detention, or forced confessions of certain booksellers and journalists.
Hong Kong authorities used the NSL, which the NPCSC imposed on Hong Kong in June 2020, to conduct politically motivated arrests and prosecutions against individuals and groups affiliated with the pro-democracy movement. During the covered period, authorities arrested at least 51 individuals in connection with alleged violations of the NSL, including secession, subversion, terrorist activities, and collusion with a foreign country or external elements to endanger national security, which includes “provoking hatred” against the PRC or Hong Kong governments. Authorities filed charges against at least 82 individuals and organizations, including 47 activists and politicians detained on February 28, 2021, and subsequently charged them with subversion the following day in connection to the 2020 unofficial pan-democratic primary election. During the covered period, two individuals were found guilty of violating the NSL at trial, while four pled guilty to violating the NSL.
Authorities also detained, prosecuted, and imprisoned a growing number of individuals under colonial-era statutes on “sedition” and “unauthorized assembly.” With few exceptions, the individuals arrested and prosecuted under the NSL, or these colonial-era statutes were exercising freedoms guaranteed in the Basic Law and the International Covenant on Civil and Political Rights.
The NSL grants the Hong Kong Police Force (HKPF) broad authorities to conduct wiretaps, electronic surveillance, and searches without warrants in national security-related cases, and to require internet service providers to provide or delete information relevant to these cases. During the covered period there were credible reports that PRC security services and the Office of Safeguarding National Security (OSNS) monitored pro-democracy and human rights activists and journalists in Hong Kong.
Impact on Judicial Independence and the Rule of Law
The Sino-British Joint Declaration, as well as Hong Kong’s Basic Law, provide for an independent judiciary, but during the covered period PRC and Hong Kong authorities repeatedly took actions that eroded the judiciary’s independence and ability to uphold the rule of law, particularly in cases that Hong Kong authorities designated as involving national security. The NSL states the NPCSC, rather than Hong Kong courts, has the power to interpret the NSL. The Court of Final Appeal, Hong Kong’s highest court, ruled in January 2021, that it had no power to find the NSL or any of its provisions unconstitutional or invalid based on incompatibility with the Basic Law or the International Covenant on Civil and Political Rights. NPCSC decisions have the force of law in Hong Kong and are not subject to judicial review by Hong Kong courts.
The NSL provision that authorizes the mainland China judicial system to take over any national security-related case at the request of the Hong Kong government or the OSNS was not used during the covered period.
Local authorities consistently followed an NSL provision requiring the Hong Kong Chief Executive establish a list of judges to handle any cases concerning national security-related offenses. Although Hong Kong’s judiciary selects the specific judge(s) from a list of judges who may hear any individual case, legal scholars argued this unprecedented involvement of the chief executive weakens Hong Kong’s judicial independence. OSNS activities are not subject to Hong Kong legal jurisdiction, and decisions made by the Committee for Safeguarding National Security are not subject to judicial review under the NSL.
Under the NSL, in cases concerning offenses designated as endangering national security Hong Kong authorities may designate that a panel of three specially designated national security judges will hear a case instead of a jury. During the covered period, in the first NSL case to go to trial the Hong Kong Secretary for Justice issued a certificate for the case to be heard by such a three-judge panel after claiming, without providing justification, that there could be a potential risk to jurors.
The NSL empowers Hong Kong law enforcement authorities to freeze any assets they deem to be used for, intended to be used for, or otherwise related to an offense endangering national security. Hong Kong authorities used these powers regularly during the covered period to freeze assets belonging to civil society groups, media organizations, and other targets under investigation for pro-democracy activities.
The NSL increased the threshold for bail in national security-related cases. Under the NSL, defendants charged with national security-related offenses may not be granted bail unless the judge has sufficient grounds to believe the defendant or suspect will not continue to commit acts endangering national security. Under this higher threshold for bail, many defendants charged under the NSL remain in custody months after their initial detention. For example, a majority of the 47 individuals charged with subversion for involvement in the 2020 unofficial pan-democratic primary election remain detained without trial more than a year after their February 2021 detention. Police detained and charged these individuals en masse, then demanded lengthy delays to investigate and gather evidence against them. Some activists and scholars described these lengthy pre-trial detentions for nonviolent crimes as prejudicial to defendants’ rights and an infringement on the right to a fair trial.
On several occasions during the covered period, prosecutors argued for the denial of bail based on defendants’ routine interactions with foreign governments and media outlets. For example, former lawmaker Jeremy Tam was denied bail after prosecutors argued that an email invitation from a foreign consulate constituted evidence that he was still “of interest to foreign powers,” while another former lawmaker, Claudia Mo, was denied bail in part based on interviews and text messages with foreign press. Media executive Cheung Kim-hung was denied bail after prosecutors cited a statement by the Media Freedom Coalition, signed by 21 governments, and a separate statement from the UK Foreign Secretary criticizing Cheung’s arrest, claiming that these statements were evidence of a close association between Cheung and “foreign political groups.”
During the covered period, Hong Kong prosecutors and police increasingly designated cases as related to national security even if they did not involve alleged violations of the NSL itself, including prosecutions under the colonial-era sedition statute. Authorities argued that NSL procedures regarding bail, the use of a designated national security judge, and limits on the right to trial by jury also apply to these cases, effectively widening the applicability of the NSL. In December 2021, the Court of Final Appeal ruled that the NSL’s higher threshold for bail applies to all cases designated as involving national security, which some scholars argued would accelerate the impact of the NSL on other areas of Hong Kong’s legal system.
In October 2021, the Hong Kong Legal Aid Department announced that Hong Kong authorities would assign lawyers to provide legal aid recipients in criminal cases, and that each lawyer would only be able to accept a limited number of legal aid and judicial review cases each year.
During the covered period, PRC-controlled state media outlets in both Hong Kong and mainland China repeatedly accused Hong Kong judges of bias following the acquittals of protesters accused of rioting and other crimes. At least one judge reportedly emigrated from Hong Kong during the covered period after receiving criticism from state media outlets for rulings in protest-related cases.
Impact on Freedom of Speech or Expression
Hong Kong law provides protections for freedom of speech, but the government regularly took actions infringing on this right. Hong Kong and PRC authorities and PRC-controlled media outlets regularly described speech perceived to be critical of the PRC or Hong Kong governments as violating the NSL or sedition laws.
Authorities arrested and prosecuted activists for speech critical of the central or local governments or their policies, including on social media. In June 2021, Chow Hang-tung, the then-vice chair of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China, was arrested and later charged and convicted for inciting unauthorized assembly because she urged people to “turn on the lights wherever you are” in remembrance of the Tiananmen Square massacre. In July 2021, officers from the HKPF National Security Department arrested and later charged five members of a labor union with “conspiring to publish seditious publications” after the union published a series of children’s books that implicitly referred to the 2019 pro-democracy movement. Authorities subsequently froze the union’s assets and canceled the union’s registration for alleged activities inconsistent with the union’s stated objectives. Hong Kong officials accused the books of “inciting hatred” and “poisoning” children’s minds against the PRC and Hong Kong governments.
During the covered period, Hong Kong authorities repeatedly targeted freedom of expression in connection with the 1989 Tiananmen Square massacre. In June 2021, authorities raided a museum dedicated to memorializing the massacre, following allegations that the museum did not have the appropriate license. The museum closed later that month. In December 2021, three Hong Kong universities removed and dismantled sculptures and artworks commemorating the massacre from their campuses, citing unspecified legal risks. The removal of at least one of the sculptures came despite an ongoing legal dispute regarding the sculpture’s ownership and an offer from the sculpture’s creator to remove the art from Hong Kong.
Prosecutors argued in multiple court hearings that the phrase “Liberate Hong Kong, Revolution of Our Times,” a common slogan of the 2019 pro-democracy protests, contained an inherent meaning of support for Hong Kong independence and/or a change in Hong Kong’s constitutional status. During the covered period, courts convicted two individuals of violating the NSL on that basis. Scholars and activists have argued the courts’ decisions failed to take into consideration protections for freedom of speech or expression enshrined in the Basic Law, the International Covenant on Civil and Political Rights, and the NSL itself.
In May 2021, Hong Kong authorities passed new legislation that criminalized inciting others not to vote or to cast blank ballots. Violators are subject to up to three years’ imprisonment and a fine. Authorities arrested at least ten individuals during the covered period for social media posts allegedly urging others to cast blank or invalid ballots and filed charges against at least two.
Legal experts described the legislation as conflicting with common law norms that criminalize incitement only when the behavior exhorted is itself illegal. Hong Kong officials have also claimed inciting others to boycott elections or cast blank ballots may violate the NSL.
Hong Kong law prohibits acts deemed to abuse or desecrate the PRC national flag or anthem. In September 2021, Hong Kong authorities amended the legislation to criminalize desecrating the national flag or anthem online, such as by posting an image of a “defiled” national flag on social media. During the covered period, at least three individuals were arrested for allegedly desecrating the flag or insulting the anthem.
In October 2021, LegCo passed a broad and vaguely drafted criminal film censorship law that empowers Hong Kong authorities to revoke a film’s license if “found to be contrary to national security interests.” Violators are subject to up to three years’ imprisonment.
Hong Kong authorities continued efforts to restrict the freedom of expression of individuals overseas under both the NSL and other legislation, including by issuing arrest warrants purely based on extraterritorial speech. There are reportedly NSL-related arrest warrants against 30 individuals residing outside Hong Kong, including U.S. citizens. Although reported in PRC state-controlled media, Hong Kong authorities have refused to acknowledge the existence of these warrants. In addition, the HKPF announced in December 2021 it had issued arrest warrants for at least seven Hong Kong pro-democracy activists and former elected officials now residing overseas for social media posts urging Hong Kong residents to boycott or cast blank ballots in the LegCo election that month.
Impact on Freedom of the Press
The Basic Law provides for freedom of the press, which is guaranteed under the Sino-British Joint Declaration, but PRC and Hong Kong authorities repeatedly violated this freedom by targeting independent media, resulting in unprecedented pressure on local independent media outlets in Hong Kong. In June 2021, HKPF National Security Department officers raided the offices of Apple Daily, an independent newspaper and online news platform; arrested seven executives, editors, and writers of Apple Daily and its parent company Next Digital and charged them with collusion with a foreign country or external elements under the NSL; and froze assets belonging to the company. Apple Daily subsequently ceased all operations.
In December 2021, police officers from the National Security Department arrested seven individuals associated with the pro-democracy online media outlet Stand News on suspicion of “conspiracy to print or distribute seditious materials” under the colonial-era sedition law. Police also raided the media outlet’s office, arrested staff members, seized journalistic materials, and froze its assets. Stand News subsequently announced it was ceasing operations and laying off its staff. Several other independent media outlets also announced their closure following the raid on Stand News, with some stating publicly that journalism had become too dangerous in Hong Kong. Citizen News closed in January 2022, for example, citing concerns over the safety of its staff.
PRC and Hong Kong officials, as well as PRC-controlled media, repeatedly criticized the Hong Kong Journalists Association during the covered period and accused the organization of potential NSL violations. In July 2021, the association released a report titled “Freedom in Tatters” outlining the erosion of press freedoms in Hong Kong. PRC officials also criticized the Foreign Correspondents’ Club in Hong Kong (FCC) on several occasions, including in November 2021 after the FCC published the results of a member survey showing that respondents believed the NSL caused Hong Kong’s media environment to change for the worse, and in December 2021 after the FCC released a statement expressing concern about the shuttering of Stand News.
During the covered period, pro-Beijing media and politicians accused government-owned public broadcaster RTHK of exercising little editorial oversight, being anti-police and anti-government, and thus violating the NSL. The Special Administrative Region (SAR) government subsequently forced out the managing director and replaced him with a pro-Beijing civil servant with no broadcasting experience. RTHK civil service employees were given a deadline to swear loyalty oaths, leading many to resign. Under its new management, RTHK also fired presenters, cancelled shows, and censored content based on political perspective.
Hong Kong authorities threatened foreign media outlets with legal consequences for the content of their editorials. In December 2021, a Hong Kong official sent a letter to the Wall Street Journal stating that “we reserve the right to take necessary action” against any incitement not to vote or to cast invalid votes, after the newspaper published an editorial criticizing the LegCo election. Hong Kong authorities also issued criticisms of other international outlets’ reporting and editorials, including The Economist, El Pais, La Libre, and the Sunday Times.
Hong Kong authorities have arrested and charged local reporters during the covered period for using publicly available governmental databases to investigate incidents during the 2019 protests. In addition, Hong Kong authorities implemented measures that limit public access to multiple public government databases, most notably the Hong Kong Companies Registry, including by requiring users accessing the Registry to disclose their names and identification numbers, and by restricting the information on company directors and addresses available in the Registry, with no exceptions available to journalists.
As noted in previous reports, the Department of State has no information indicating Hong Kong agents, persons, or entities were involved in the extrajudicial surveillance, abduction, detention, or forced confessions of certain booksellers and journalists.