MOTION FOR A RESOLUTION on The crackdown on the democratic opposition in Hong Kong

B9‑0066/2021

European Parliament resolution on the crackdown on the democratic opposition in Hong Kong

(2021/2505(RSP))

The European Parliament,

– having regard to the Basic Law of the Special Administrative Region (SAR) of Hong Kong adopted on 4 April 1990, which entered into force on 1 July 1997,

– having regard to the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People’s Republic of China on the Question of Hong Kong of 19 December 1984, also known as the Sino-British Joint Declaration,

– having regard to the statement by the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy of 18 June 2020 on the PRC national security law for Hong Kong and the need for the EU to defend Hong Kong’s high degree of autonomy,

– having regard to the statement by the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy of 7 January 2021 on the mass arrest of people involved in the July 2020 pro-democracy primary elections,

– having regard to Rule 144 of its Rules of Procedure,

1. whereas the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People’s Republic of China on the Question of Hong Kong must not be called into question;
2. whereas on 30 June 2020 the Standing Committee of China’s National People's Congress adopted, without the participation of the Hong Kong Parliament, a National Security Law that makes opposition activities punishable and also provides for the deployment of security forces in Hong Kong;
3. whereas United Nations human rights experts on 1 September 2020 affirmed that the law implicates serious concerns of legality, as well as undue limitations on freedom of opinion, expression and peaceful assembly;
4. whereas last 6 January 53 political activists, academics, former legislators, current district councillors, and lawyers were arrested on charges pursuant to the National Security Law;
5. whereas they were accused of subversion over their organization and participation in a self-proclaimed primary, last July, aimed at identifying candidates for the next Legislative Council elections, ahead of their postponement - for a year to September 2021 - by the Chief Executive of the Hong Kong Special Administrative Region, citing a resurgence in untraceable COVID-19 cases;

1. Reiterates its concern about the adoption of the National Security Law on 30 June 2020 by the Standing Committee of China’s National People's Congress, as this unilateral decision violates the ‘one country, two systems’ principle and thus undermines Hong Kong’s autonomous rights as a Special Administrative Region;

2. Fears that the offence of subversion under the National Security Law is being used to detain individuals for exercising legitimate rights to participate in political and public life;

3.  Calls on Chinese central authorities and Hong Kong local authorities to avoid any misuse of the National Security Law, notably as a way to eliminate dissent and opposing political views;

4. Supports the exercise of fundamental freedoms, including the right to peaceful assembly and association, and to full participation in political and public life; 

5.  Considers it advisable to not conclude, sign nor ratify any extradition treaty or agreement with China at this moment and to not execute any order in this context, taking also into account that political motivations are often at the base of the extradition requests and the Chinese one-party control over the judicial system;

6. Stresses, furthermore, that the Sino-British Joint Declaration on Hong Kong must be respected by all sides and that China should avoid any act that could undermine Hong Kong’s ‘high degree of autonomy’ in line with Hong Kong’s Basic Law and China’s international commitments;

7. Instructs its President to forward this resolution to the Council, the European External Action Service, the Commission, the governments and parliaments of the Member States and the accession and candidate countries, the Government and the Legislative Council of the Hong Kong Special Administrative Region and the State Council of the People’s Republic of China.