MOTION FOR A RESOLUTION on the PRC national security law for Hong Kong and the need for the EU to defend Hong Kong’s high degree of autonomy

10.6.2020 - (2020/2665(RSP))

to wind up the debate on the statement by the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy
pursuant to Rule 132(2) of the Rules of Procedure

Hilde Vautmans, Abir Al Sahlani, Petras Auštrevičius, José Ramón Bauzá Díaz, Izaskun Bilbao Barandica, Engin Eroglu, Bernard Guetta, Moritz Körner, Nathalie Loiseau, Javier Nart, Frédérique Ries, María Soraya Rodríguez Ramos, Nicolae Ştefănuță, Marie Pierre Vedrenne, Charles Goerens
on behalf of the Renew Group

See also joint motion for a resolution RC-B9-0169/2020

B9‑0169/2020

Motion for a European Parliament resolution on the PRC national security law for Hong Kong and the need for the EU to defend Hong Kong’s high degree of autonomy

(2020/2665(RSP))

The European Parliament,

– having regard to its resolution of 18 July 2019 on the situation in Hong Kong[1],

– having regard to the Declaration by the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy on behalf of the European Union of 29 May 2020 on Hong Kong,

– having regard to the Basic Law of Hong Kong’s Special Administrative Region (HKSAR) 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 Rule 132(2) of its Rules of Procedure,

A. whereas the decision of the Chinese National People’s Congress (NPC) of 28 of May 2020 to introduce a new national security law for Hong Kong, entirely bypassing Hong Kong’s own legislative process, is the latest and most blatant attempt from Beijing in its years-long campaign to curb the freedom and autonomy of Hong Kong and its citizens’ civil liberties;

B. whereas the Basic Law of the Hong Kong Special Administrative Region lays down provisions guaranteeing the autonomy of the HKSAR in maintaining security and order (Article 14) and in enacting laws on its own to prohibit any act of treason, secession, sedition or subversion against the Central People’s Government (Article 23);

C. whereas over the course of April and May 2020, when much of the world’s attention was on the spiralling death toll from the COVID-19 pandemic, Beijing exploited the crisis to double down on its efforts to impose its rule on Hong Kong while silencing, arresting and prosecuting hundreds of pro-democracy activists and opposition groups; whereas the Standing Committee of China’s legislature is establishing the new rules on its own, without consulting Hong Kong lawmakers, despite this being required by the ‘one country, two systems’ principle;

D. whereas under the proposed national security plan, activist groups could be banned and prosecuted, courts could impose long prison sentences for national security violations, China’s security agencies could operate openly in the city, and a new ban on terrorism will give the Chinese authorities, security and military forces ample and unchecked discretion to operate in Hong Kong in a clear breach of the country’s Basic Law;

E. whereas Hong Kong’s leader Carrie Lam has defended the legislation proposed by Beijing, admitting that no public consultation on the security plan will take place in Hong Kong and claiming that rights and freedoms are not absolute;

F. whereas mainland China’s judiciary lacks independence from the government and the Chinese Communist Party and is known for arbitrary detentions, torture and other ill treatment, serious violations of the right to a fair trial, enforced disappearances and various systems of incommunicado detention without trial;

G. whereas more than 360 of Hong Kong’s pro-democracy activists were arrested on 27 May 2020 during demonstrations against the Chinese anti-sedition law criminalising ridicule of China’s national anthem;

H. whereas the Hong Kong police used social distancing measures related to COVID-19 as a pretext to use unnecessary and excessive force against the mostly peaceful protesters, firing tear gas, rubber bullets, beanbags and pepper spray;

I. whereas a cross-party international coalition led by the former Governor of Hong Kong, Lord Patten, and which has so far been joined by 893 parliamentarians and policymakers from 42 countries, issued a statement decrying Beijing’s ‘unilateral introduction of national security legislation in Hong Kong’, and calling for sympathetic governments to unite against this ‘flagrant breach of the Sino-British Joint Declaration’;

J. whereas the direct imposition of national security legislation in Hong Kong by the Beijing authorities significantly erodes Hong Kong’s autonomy; whereas this is in direct conflict with China’s international obligations under the legally binding, UN-registered Sino-British Joint Declaration;

K. whereas the proposed law would fatally undermine the ‘one country, two systems’ framework, increasing the prospect of being prosecuted for political crimes in Hong Kong and undermining existing commitments to protect the rights of people in Hong Kong, including those set out in the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights;

1. Strongly condemns the constant and increasing interference by China in Hong Kong’s internal affairs;

2. Stresses that the EU shares the concerns raised by citizens of Hong Kong regarding the proposed national security law; underlines that the bill has far-reaching consequences for Hong Kong and its people, for the EU and for foreign citizens, and will damage business confidence in Hong Kong and jeopardise future prospects for international business;

3. Supports the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy’s (VP/HR’s) assessment that a new and more robust strategy to deal with a more assertive China led by an authoritarian regime, as well as an open and honest dialogue, is necessary; urges the Council and the European External Action Service (EEAS) to adopt a stronger position supporting Hong Kong’s continued legal autonomy; stresses that this is paramount in order to let pro-democracy supporters in Hong Kong and the wider international community know that the EU will stand by its founding values of freedom, democracy, respect for human rights and the rule of law;

4. Stresses that the international community must work closely together to put pressure on Beijing to ensure that its actions are in line with the country’s international commitments under the 1984 Sino-British Joint Declaration;

5. Stresses that Hong Kong’s prosperity and attractiveness to international investors depends on the rule of law enshrined in the country’s Basic Law; expresses, therefore, deep concerns that a permanent infringement of Hong Kong’s autonomous governing framework will severely impact the country’s economy and its international image;

6. Urges the Council to make progress on the EU human rights framework – using a similar model to the USA’s Magnitsky Act – to address human rights violations and apply sanctions against individuals accused of human rights abuses globally, including asset freezes and travel bans; believes this human rights framework could be used to impose Magnitsky-style sanctions on the leaders who are conducting this crackdown on Hong Kong and its people and are responsible for serious human rights abuses; stresses that such sanctions should be discussed and, when possible, coordinated with democratic allies such as Australia, Canada, the USA, Japan and South Korea;

7. Stresses that the EU is China’s largest export destination; believes that the EU should use its economic leverage to challenge China’s crackdown on human rights;

8. Calls on the upcoming German presidency of the Council of the European Union to make the situation in Hong Kong a priority at the forthcoming summit with Chinese President Xi Jinping in Leipzig;

9. Underlines that the current situation reinforces its conviction that respect for human rights and fundamental freedoms must be an important element of the negotiations on an EU-China investment agreement;

10. Calls on the HKSAR Government to immediately release and drop all charges against peaceful protesters and all those detained for the peaceful exercise of their freedom of expression during or in the lead-up to protests;

11. Calls for an independent, impartial, effective and prompt investigation into the use of force by the Hong Kong police against protesters;

12. Supports the idea of appointing a UN Special Rapporteur responsible for evaluating the human rights and fundamental freedoms situation in Hong Kong and calls upon the Council, the Commission and the Member States to work towards its execution;

13. Hopes that the EU and its Member States will join the initiative to establish an international contact group to monitor the situation in Hong Kong and coordinate joint action;

14. Expresses great concern regarding the steady deterioration of civil rights, political rights and press freedom; is deeply concerned by the unprecedented pressure on journalists and their increasing self-censorship with regard, in particular, to the coverage of sensitive issues in mainland China and issues concerning the HKSAR Government;

15. Calls upon the HKSAR Government to ensure the free and fair election of the Legislative Council in September 2020; urges China to refrain from interfering in the election processes in the HKSAR; trusts that the EU will send an election observation mission to the HKSAR; 

16. Calls for the EU and its Member States to consider concrete measures offering asylum and protection to Hong Kong activists and pro-democracy groups persecuted by the Chinese authorities;

17. Calls for the EU, its Member States and the international community to consider how they can make effective use of appropriate export control mechanisms and cyber surveillance technology; calls on the co-legislators, in this regard, to agree on a common position on the reform of the Dual Use Regulation; stresses that it has further developed and strengthened the Commission’s proposal on the inclusion of strict export controls for listed and non-listed cyber-surveillance technology;

18. Is working towards the imposition of appropriate export control mechanisms to deny China, and in particular Hong Kong, access to technologies used to violate basic rights;

19. Calls on the VP/HR, the EEAS and the Member States to be persistent in raising these concerns and to ensure a dialogue with the governments of the HKSAR and of China;

20. Instructs its President to forward this resolution to the Council, the Commission, the VP/HR, the Government and Parliament of the People’s Republic of China, and the Chief Executive and the Assembly of the HKSAR.

 

• [1] Texts adopted, P9_TA(2019)0004.