The UN Working Group of Arbitrary Detention established under the UN Human Rights Council issued an opinion on 1 May 2023 stating that Chow Hang-tung’s arrest, charges, and trial amounted to arbitrary deprivation of her liberty.  

Chow is a well-known barrister, pro-democracy activist, and human right defender. Most notably, she was the Vice-Chair of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China before it was forcefully disbanded. Chow was arrested four times since 2020, and is currently in detention.

The Group opines that the arrest and subsequent detention of Chow in June 2021 was arbitrary, contrary to Article 9(1) and (2) of ICCPR. The “unauthorized assembly” charges against Chow were based on her participation in the June 4 candlelight vigil in Victoria Park. This interfered with Chow’s peaceful exercise of the freedoms of opinion, expression and assembly, as protected by Articles 19 and 21 of the ICCPR. 

The Group is critical, in particular, of how the trial judge “interfered with the evidence and altered it in a way that was to Chow’s disadvantage by erasing her exculpatory statements”. This amounted to a violation of her right to an independent and impartial tribunal per Article 14(1) of ICCPR. The long-term harassment by authorities in retaliation for Chow’s activism, also violates Articles 2(1), 9 and 26 of ICCPR.

The Group rightly points out that “mere assertions by the government that lawful procedures have been followed are not sufficient to rebut the source’s allegations”.

In addition to serving her sentence for unauthorized assembly, Chow also faces new and more serious charges under the NSL. She could be sentenced to a maximum of 10 years’ imprisonment.

(This story originally appeared in the May-June 2023 edition of our newsletter).