MOTION FOR A RESOLUTION on Hong Kong, notably the case of Apple Daily
6.7.2021 - (2021/2786(RSP))
pursuant to Rule 144 of the Rules of Procedure
Reinhard Bütikofer, Henrike Hahn, Bronis Ropė, Saskia Bricmont, Hannah Neumann, Francisco Guerreiro, Mounir Satouri, Yannick Jadot, Sven Giegold, Ignazio Corrao, Jordi Solé, Sara Matthieu, Sergey Lagodinsky, Gwendoline Delbos‑Corfield, Rosa D'Amato
on behalf of the Verts/ALE Group
See also joint motion for a resolution RC-B9-0385/2021
B9‑0385/2021
European Parliament resolution on Hong Kong, notably the case of Apple Daily
The European Parliament,
– having regard to all its previous resolutions on Hong Kong, in particular those of 21 January 2021 on the crackdown on the democratic opposition in Hong Kong, of 19 June 2020 on the PRC national security law for Hong Kong, of 18 July 2019 on the situation in Hong Kong, of 24 November 2016 on the case of Gui Minhai, jailed publisher in China,
– having regard to its previous resolutions on China, in particular those of 12 September 2018 on the state of EU-China relations and of 16 December 2015 on EU-China relations,
– having regard to its recommendation of 13 December 2017 to the Council, the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) on Hong Kong, 20 years after handover,
- having regard to the joint statement by Members of the European Parliament David McAllister and Reinhard Bütikofer on the new national security law in Hong Kong of 1 July 2020,
– having regard to the statement by the Spokesperson on the closure of Apple Daily’s Hong Kong operations of 23 June 2021, the statement by the High Representative/Vice-President on the changes to Hong Kong’s electoral system of 9 June 2021, the declaration by the High Representative on behalf of the EU on the electoral system of 11 March 2021, the declaration by the High Representative on behalf of the EU on the mass arrest of people involved in the July 2020 pro-democracy primary elections in Hong Kong of 7 January 2021, and to all other statements and declarations on the situation in Hong Kong,
- having regard to the Annual EU report on political and economic developments in 2020 of 12 March 2021,
- having regard to the statement of the UN High Commissioner for Human Rights Michelle Bachelet on 24 June that Hong Kong's new national security law was leading journalists to "self-censor" to avoid clashing with "vaguely formulated offences", and to her statement of 21 June 2021 at the 47th session of the Human Rights Council,
– having regard to the adoption of the National Security Law in Hong Kong by the Standing Committee of the China’s National People’s Congress on 30 June 2020,
- having regard to the G7 Summit Communiqué of 13 June 2021 and to the G7 statement on electoral changes in Hong Kong of 12 March 2021,
– having regard to the Basic Law of the Hong Kong 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 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 13th annual Structured Dialogue that took place in Hong Kong on 28 November 2019,
– having regard to the joint communication from the Commission and the VP/HR to the European Parliament and the Council of 12 March 2019 entitled ‘EU-China – A strategic outlook’ (JOIN(2019)0005),
– having regard to the EU’s ‘One China’ policy,
– having regard to Rule 144 of its Rules of Procedure,
A. whereas on 17 June 2021, 500 Hong Kong armed police raided the offices of the largest pro-opposition newspaper, Apple Daily, sifted through reporters' computers and notebooks, in the first case in which authorities have cited media articles as potentially violating the Hong Kong National Security Law (NSL); whereas 6 paper’s senior executives and editors were arrested;
B. whereas, according to a Hong Kong police spokesperson, the newspaper executives were arrested for their role in the publication of more than 30 articles calling on foreign countries to impose sanctions in relation to the NSL; whereas such calls were considered by Hong Kong authorities as collusion with foreign countries endangering national security;
C. whereas, following the freeze of all its assets by Hong Kong authorities based upon the NSL, Apple Daily was forced to definitively close on 24 June; whereas more than 800 Apple Daily staff have lost their job and are unlikely to be re-employed in Hong Kong and would therefore be forced to leave;
D. whereas the founder of Apple Daily, Jimmy Lai, is serving 20 months in jail for his involvement in the 2019 protest movement and faces additional charges under the NSL that carry a possible life sentence; whereas Apple Daily had always been an open and critical voice towards the mainland and the Hong Kong leadership;
E. whereas the NSL allowed one single official, namely the Hong Kong secretary of security, to freeze all assets of Apple Daily and to make it a crime for a publicly-traded company to operate, without a formal charge and a fair trial, just based on claims of violations of the NSL; whereas such procedure could be applied to any publicly-traded entity or to any company simply doing business in Hong Kong; whereas, in spite of the claims that Apple Daily’s articles had violated the NSL, any list of such articles was never disclosed, thus leaving the basis of any charges unknown;
F. whereas 30th of June 2021 marked the first anniversary of the entry into force of the NSL; whereas authorities had announced the law would only target an “extreme minority” threatening public security; whereas however, during one year, the law was applied to completely dismantle Hong Kong’s free society on almost all fronts, completely transforming its political and legal landscape; whereas national security was used to justify censorship, harassment, arrests and prosecutions systematically targeting political and elected representatives, activists, students and journalists in the pro-democratic camp;
G. whereas, since entry into force, the NSL had been used to intimidate, attack and even harass journalists and the media; whereas at least ten journalists and press freedoms defenders are now faced with potential life sentences;
H. whereas journalists had already started to quit their job since the entry into force of the NSL; whereas the forced closure of Apple Daily, based on charges that its activities constitute a threat to national security, amounts to the definitive end of media freedom and freedom of expression in Hong Kong; whereas freedom of speech, of the press and of publication is enshrined in Hong Kong Basic Law;
I. whereas on 27 June another independent media outlet, Stand News, announced the deletion of all opinion articles from its website and six directors resigned; whereas the Hong Kong Journalist Association has warned against further arrests of journalists and reported that the authorities would have drawn up a list of individuals to be arrested under the NSL;
J. whereas at least two foreign judges have resigned from their position citing the NSL as the main reason; whereas in June this year pro-Beijing lawmakers have successfully intervened, for the first time, in the appointment of a senior judge to the Hong Kong Court of Final Appeal, in what appears to be a first concrete step in attempting to undermine the independence of the judiciary;
K. whereas in early June this year, LegCo adopted yet another change to the legislative system of Hong Kong whereby candidates for elected office would be vetted by a newly-set up review committee to ensure they are patriotic to China and that all candidates would require approval by national security officials in the Hong Kong police force to determine whether they can be trusted; whereas such additional measures constitute yet another major breach of the “One Country Two Systems” principle and a serious blow to the commitments to greater democratic representation enshrined in the Hong Kong Basic Law;
L. whereas the NSL and the way it has been enforced are in clear violation of the 1984 Sino-British Joint Declaration and the 1990 Basic Law of the HKSAR, which guarantees the autonomy and the independence of the executive, legislative and judiciary, as well as basic rights and freedoms such as freedom of speech, assembly, association and of the press for 50 years after handover of sovereignty; whereas the NSL also prevents Hong Kong from abiding by its international human rights obligations, including the International Covenant on Civil and Political Rights (ICCPR);
M. whereas the EU has always strongly supported the ‘One Country, Two Systems’ principle and the preservation of Hong Kong’s high degree of autonomy in line with the Basic Law and international commitments; whereas in the current circumstances these principles are being inevitably and irreversibly undermined;
N. whereas the Council adopted Conclusions on Hong Kong in July 2020, including a package of measures; whereas a public assessment of those measures is still lacking; whereas the Council failed to adopt new Conclusions in April this year;
1. Condemns in its strongest terms the actions against Apple Daily and the arrests of its journalists leading to the paper’s closure, setting the definitive end of media freedom and freedom of expression in Hong Kong; is extremely concerned about the unfolding of a human rights emergency in Hong Kong, which was nevertheless foreseeable since the adoption of the NSL one year ago, and stresses the need for the EU to take urgent and resolute actions;
2. Expresses its strongest solidarity with all Hong Kong journalists who, despite the entry into force of the NSL, have continued to strenuously defend media freedom and independent journalism and to keep reporting about the dramatic evolution of events in Hong Kong;
3. Expresses its support for efforts by EU member states’ international television channels, such as Deutsche Welle and France 24, to regularly report about developments in Hong Kong;
4. Urges the authorities of Hong Kong to immediately and unconditionally release and drop all charges against all the journalists, as well as all citizens, activists, political representatives, arrested on charges pursuant to the NSL and to refrain from bringing any new charges in the future;
5. Urges the Chinese authorities to repeal the NSL and the Hong Kong authorities to fully restore the respect of the rule of law, human rights, democratic principles and the high degree of autonomy under the ‘One Country, Two Systems’ principle, as enshrined in the Hong Kong Basic Law and in line with domestic and international obligations;
6. Stresses the urgent need to prevent, as the next step, the dismantling of Hong Kong independent judiciary and calls on the EEAS to prepare a detailed public report on the rule of law and the independence of the judiciary in addition to the Hong Kong Annual report;
7. Deeply regrets the failure to adopt Council Conclusions on Hong Kong at the April EU Foreign Affairs Council, due to a veto by Hungary; strongly supports the VP/HR in submitting draft Conclusions at the earliest occasion and calls on the Council to adopt them regardless of unanimous backing, and including the adoption of targeted sanctions under the EU human rights global sanctions regime against individuals and entities in Hong Kong and China, for human rights violations and violations of international law in Hong Kong, including Carrie Lam, Teresa Yeuk-wah Cheng, Xia Baolong, Zhang Xiaoming, Luo Huining, Zheng Yanxiong, Chris Tang Ping-keung, Stephen Lo Wai-chung, and John Lee Ka-chiu, as well as PRC institutions, such as the National People’s Congress and the Chinese People’s Political Consultative Conference, having a crucial role in adopting measures and complicit actions undermining Hong Kong’s high degree of autonomy and freedoms guaranteed by the Sino-British Joint Declaration and Hong Kong’s Basic Law;
8. Reiterates its position on the EU-China Comprehensive Agreement on Investment, expressed in its resolution of 21 May 2021, including the urgent need to adopt additional targeted measures under the EU Global Human Rights Sanctions Regime, as necessary, in order to continue addressing repressions in Xinjiang and Hong Kong and aimed at China putting an end to all the violations;
9. Calls on the EEAS and the Council to continue assessing and making progress on the package of measures adopted in July 2020; calls on the EEAS to continue assessing and to prepare concrete responses to the possible extraterritorial effects of the NSL, in particular of its article 38 providing that the law is applicable also to those who are not permanent residents of Hong Kong, and to those who do not reside there; demands that the 10 remaining Member States’ extradition treaties with China be suspended;
10. Calls on the EEAS to evaluate the level of compliance, involvement and collaboration of EU-based companies with Hong Kong authorities in enforcing the NSL; recalls and reiterates its condemnation of the complicity of European-based banks in freezing the assets and bank accounts belonging to former pro-democracy lawmakers;
11. Strongly welcomes the steps taken by the UK, Australia and Canada to open schemes to offer Hong Kongers the opportunity to live and work in their respective countries; reiterates it urgent call on the Commission and the EEAS to set up similar a 'lifeboat scheme' for citizens of Hong Kong following such further grave deterioration of human rights and fundamental freedoms, as well as to consider issuing emergency travel documents for journalists in Hong Kong who are at risk of arrest under the National Security Law;
12. Urges all EU and European diplomatic personnel to do everything they can to provide protection and support to peaceful activists in Hong Kong, including also by attending trials, requesting prison visits and consistently and resolutely reaching out to local authorities, in full application of the EU Guidelines on human rights defenders and other relevant EU policies, including the new EU Action Plan on Human Rights and Democracy; expects the EEAS and the Council to devise concrete measures to increasing support to Hong Kong civil society and media, including active engagement with the Hong Kong diaspora;
13. Believes that the situation in Hong Kong should be factored in when considering a diplomatic boycott of 2022 Winter Olympics in Beijing;
14. Calls on the EEAS and the Commission to develop and coordinate measures to protect the academic freedom of Hong Kong students and scientists at European universities against pressure from Chinese authorities;
15. Reiterates its call on the EU and all the Member States to act in a united and resolute fashion towards the holding of a special session on China at the UN Human Rights Council and the launching of independent UN investigation on China; welcomes, in that regard, the joint statement delivered by Canada on behalf of 44 states – the highest number of signatories so far - including 23 EU member states, hence with 4 Member States among the absentees, at the ongoing session of the UN Human Rights Council; urges UN High Commissioner for Human Rights Bachelet to take strength from growing international support and heed these calls, launching a long-overdue independent inquiry, which is possible regardless of the level of access granted by Chinese authorities;;
16. Encourages UN members to hold regular public events to raise awareness about the Chinese government’s grave human rights violations, including crimes against humanity, and other violations of international law in Hong Kong, Xinjiang, Tibet and across mainland China, including at least one Arria formula meeting of the UN Security Council; Calls on all EU institutions and the Member States to commemorate the 1st of July as Hong Kong Freedom Day, in order to annually raise the awareness of the European public on the situation of Hong Kong;
17. Calls on the EU and Member States to encourage the UN Secretary-General, in line with his call to action for human rights, to make regular public statements voicing concerns about China’s human rights violations, and to consider all mechanisms at his disposal to ensure independent monitoring and reporting on the situation in China, including the appointment of a UN Special Envoy; calls on the Council and the HRVP to work with the international community to establish an international contact group on Hong Kong as well as to put regularly put Hong Kong regularly on international organisations’ agendas, including in the Human Rights Council;
18. Reiterates its call on the international community to honour their promises to the people of Hong Kong and take urgent and unprecedented action to hold China accountable for these violations of international law; reiterates its call to the EU and the Member States to consider filing a case before the International Court of Justice alleging that China’s decision to impose the NSL on Hong Kong and its application violate the Sino-British Joint Declaration and the ICCPR;
19. Welcomes the newly established bilateral EU-US Dialogue on China and insists that stronger coordination on human rights, including with a focus on the situation in Hong Kong, should be a key objective;
20. Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the Government and Parliament of the People’s Republic of China, and the Chief Executive and the Assembly of the Hong Kong Special Administrative Region.