EP Plenary: Speech by High Representative/Vice-President Josep Borrell on the destruction of judicial independence and the persecution of democrats in Hong Kong

22.11.2023
22/11/2023, Strasbourg 
EEAS Press Team

Speech delivered by Vice-President for Democracy and Demography, Dubravka Šuica, on behalf of High Representative/Vice-President Josep Borrell  

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Thank you Chair, Honourable Members [of the European Parliament],  

Beijing imposed the National Security Law on Hong Kong over three years ago, in June 2020. Since then, we have witnessed the rights and freedoms that the people of Hong Kong enjoyed in the past [have] declined rapidly and dramatically. 

Hong Kong has changed fundamentally. The political opposition in Hong Kong is now effectively muted. Most independent media outlets closed. Many civil society organisations disbanded. 

More than 280 arrests have been made under the National Security Law or colonial-era sedition legislation. The trials of Jimmy Lai, the so-called ‘Hong Kong 47’ or Stand News are emblematic cases that we are following closely.  

The European Union strongly condemned the extraterritorial application of the National Security Law last in July, when Hong Kong authorities issued arrest warrants and bounties for eight pro-democracy activists living outside Hong Kong.   

EU Member States adopted Council Conclusions in July 2020, setting out the initial European response to the imposition of the National Security Law on Hong Kong. That position of the Council remains valid, and it continues to guide our action.  

The National Security Law also threatens to undermine judicial independence. For instance, the executive decides if a case affects national security, and it handpicks the judges that preside over national security cases.   

Sweeping changes to the electoral system have also severely weakened democracy in Hong Kong. This is illustrated by the District Council elections coming up in December: not a single pro-democracy candidate has passed the new nomination procedure. 

There are no signs that these drastic changes are likely to be reversed. On the contrary, additional national security legislation is being prepared.

China has failed to implement its international commitments under the Sino-British Declaration of 1984. Hong Kong’s high degree of autonomy and the rights and freedoms of the people of Hong Kong were supposed to be guaranteed until at least 2047. It is crystal clear that China has consciously dismantled the ‘one country, two systems’ principle.   

The European Union will continue to raise human rights concerns with China. Human Rights Dialogues are an integral part of our frank exchanges with China. And, in particular in relation to Hong Kong, we will continue to remind China of its international commitments. We will do so in direct contacts, including at the upcoming EU-China Summit, as well as through public statements.   

Despite the drastic changes, there are still political and social aspects that distinguish Hong Kong from mainland China.  

The internet remains largely unrestricted. The media landscape is still more diverse, despite most independent outlets closing down. And there have been positive court rulings on equal treatment of same-sex couples.  

In short, some pockets of freedom persist.  

The European Union will continue to implement the July 2020 Council conclusions: our coordinated measures in response to the National Security Law. 

Thank you. 

 

Link to the video (starting at 1:05): https://audiovisual.ec.europa.eu/en/video/I-249666  

 

Closing remarks 

Honourable Members, 

This debate shows that Hong Kong matters to the European Union. We have strong economic ties. The European Union remains the largest foreign business community in Hong Kong. 1,600 companies are in business in Hong Kong. Last year, the European Union was Hong Kong’s third largest trading partner in goods, after mainland China and Taiwan. 

At the same time, Hong Kong matters to the European Union because the deliberate dismantling of Hong Kong’s autonomy, democracy and fundamental freedoms affects us directly. The European Union, as a matter of foreign policy and as a matter of values, will consistently speak out on the right of people to express themselves. The European Union will also continue to remind China of the need to uphold its international commitments. 

The European [Union] Office in Hong Kong is constantly monitoring political developments and human rights. Together with European Union Member States in Hong Kong, the European Union Office regularly conducts trial observations – already 112 in this year. This European diplomatic presence is valued by civil society in Hong Kong. It marks our determination to stand up for rights and values which are universal. 

To Mr [David] Lega [Member of the European Parliament] and others – he left – we showed repeatedly that we are ready to react decisively to address serious human rights violations around the world. But when it comes to Hong Kong, we are closely following the situation. We have made it clear; the developments in Hong Kong have an impact on all EU-China relations. 

We continue implementing the July 2020 package – as I have already said – but, at this stage, we are not currently considering additional measures. 

As for restrictive measures – or sanctions, because you asked about sanctions -, any decision to designate persons or entities under an existing sanction regime or to amend an existing sanction regime, or set up a new regime, it is for the Council –who is here now - to make acting by unanimity.  

Thank you. 

 

Link to video:  https://audiovisual.ec.europa.eu/en/video/I-249668  

Nabila Massrali
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