MOTION FOR A RESOLUTION on violations of fundamental freedoms in Hong Kong

18.1.2022 - (2022/2503(RSP))

with request for inclusion in the agenda for a debate on cases of breaches of human rights, democracy and the rule of law
pursuant to Rule 144 of the Rules of Procedure

Manu Pineda
on behalf of The Left Group

NB: This motion for a resolution is available in the original language only.

B9‑0066/2022

European Parliament resolution on violations of fundamental freedoms in Hong Kong

(2022/2503(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 International Covenant on Civil and Political Rights (ICCR) of 16 December 1966

 

—  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 EU’s ‘One China’ policy,

 

—  having regard to the joint statement of the 21st EU-China summit of 9 April 2019,

 

—  having regard to the 37th EU-China Human Rights Dialogue, held in Brussels on 1 and 2 April 2019,

 

—  having regard to the joint communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 12 March 2019 entitled ‘EU-China – A strategic outlook’ (JOIN(2019)0005),

 

—  having regard to the Declaration of the High Representative on behalf of the European Union on Hong Kong of 28 May 2020,

 

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

 

A)  whereas sovereignty over Hong Kong was transferred from the United Kingdom to the People’s Republic of China (PRC) on 1 July 1997, ending decades of British colonialism on this Chinese territory; whereas the 1984 Sino-British Joint Declaration guaranteed, and the 1990 Basic Law of the Hong Kong Special Administrative Region (SAR) stipulates, that Hong Kong will maintain the autonomy and independence of the executive, legislature and judiciary for 50 years following the handover of sovereignty;

 

B)  whereas the third session of the thirteenth National People’s Congress authorized the National People’s Congress Standing Committee to promulgate a national security law in Hong Kong; whereas this decision was formally taken in accordance with Article 18 of the Basic Law;

 

C)  whereas the Hong Kong National Security Law was passed on 20 June 2020 and entered into force on the same day; whereas since it entered into force a total number of three people have been convicted through this law; whereas UN experts criticized this law for its poorly defined crimes that could easily be subject to abuse and repression;

 

D)  whereas new security laws in many country have laid the foundations for violation of democratic and civil rights; whereas there has been a general shift in the balance between civil liberties and security measures towards more draconian state intervention;

 

E)  whereas over the years the people of Hong Kong have witnessed mass demonstrations whereas activists were arrested and have been charged with various counts; whereas there have been violent incidents during some of these demonstrations;

 

F)  whereas the Hong-Kong based news website Stand News ceased operation after its offices were raided and its assets frozen on 29 December 2021; whereas this case follows the closure of the Apple Daily newspaper on 10 August 2020;

 

G)  whereas the promotion of secessionism from the People’s Republic of China is outlawed by the Hong Kong Basic Law, which came into effect on 1 July 1997 after the transfer of sovereignty from the United Kingdom to China;

 

H)  whereas elections were held on 19 December 2021 to elect the 90 members of the Legislative Council of Hong Kong; whereas fifteen parties and a number of independents ran for the election; whereas the election was won by the Democratic Alliance for the Betterment and Progress of Hong Kong (DAB) with 51.4% of the vote; whereas parties calling for a decrease of ties with the Chinese Government did  not to run in this election; whereas electoral reforms have issued new requirements for candidates running in the elections;

 

I)  whereas the elections for the new chief executive of the territory are scheduled to take place in March; whereas the 20th Congress of the Chinese Communist Party will be held in October;

 

J)  Whereas the US Administration has been steadily escalating confrontation with China playing out over trade, telecommunications, the media, student visas, the South China Sea, the coronavirus; whereas this escalation of tensions by the United States has very problematic consequences for peace and security , the rule based international world order,  international trade and social security worldwide; whereas the US Administration has unilaterally pulled apart the foundation of multilateralism;

 

K)  Whereas the EU and China have reaffirmed that, all human rights are universal, indivisible, and interdependent and interrelated, whereas they agreed to continue the Human rights dialogues and to cooperate on this in the UN fora;

 

L)  Whereas in the Joint EU-Summit statement the EU and China committed to uphold the UN Charter and international law, and all the three pillars of the UN system, namely peace and security, development and human rights;

 

M)  Whereas the European Union, in accordance to the United Nations Charter and international law, must respect sovereign states and contribute to re-building the foundations of multilateralism, which is constantly under attack by the United States; whereas  the People's Republic of China is a strategic partner for rebuilding the law based system of international relations which has its basis on peace, sovereignty, cooperation and social progress;

 

N)  Whereas multinationals companies and among them European companies are using Hong Kong as a turntable for their benefits with regards to the very low level of taxation and high level of “fiscal optimisation” for residents and companies; whereas in 2017-18, Hong Kong was placed on the watchlist and was required to meet relevant EU criteria with a 2018 deadline – to avoid getting blacklisted for non-compliance; whereas on March 12, 2019, the European Commission removed Hong Kong from the European Union’s watchlist on non-cooperative tax jurisdictions;

 

1. Reiterates that any security legislation must adhere to human rights and the International Covenant on Economic, Social and Cultural Rights;

 

2. Expresses concern about the reports of the arrest of more than 50 activists and politicians in Hong Kong for “subversion” under the new National Security Law that is being implemented since June 2020; notes the vague definition of this crime in the National Security Law which could lead to collusion with the International Covenant on Civil and Political Rights;

 

3. Underlines that nobody should be subjected to administrative or criminal sanctions for taking apart in peaceful protests; urges the HKSAR government to investigate allegations of any individuals held in prisons or police stations without charge, including minors, and immediately release them if it is the case;

 

4. Recognizes that both the EU’s ‘One China’ policy and the respect of the basic international agreements on Hong Kong as well as the United Nations Charter and international law are cornerstones of the EU-China relations;

 

5. Recalls that the 1984 Sino-British Joint Declaration and the 1990 Basic Law of the Hong Kong Special Administrative Region both guarantee press freedom and therefore the authorities of the Hong Kong SAR have the obligation to ensure it;

 

6. Takes note of the result of the legislative election which took place on 19 December 2021; urges Carrie Lam, Chief Executive of the HKSAR, to rebuild and improve trust by engaging in dialogue with opposition figures in order to encourage their participation in future electoral processes;

 

7. Underlines that Hong Kong is part of the People’s Republic of China, with Special Administrative Region (SAR) status and under the ‘One Country, Two Systems’ rule with a unique Basic Law constitution, one which should not be subjected to foreign interference; condemns all foreign attempts to undermine China’s sovereignty over Hong Kong;

 

8. Believes that the HKSAR government must put the interests of its people first instead of businesses, the financial sector, conglomerates and multinationals, with coherent policies to reverse the massive social inequality, rising poverty, as well as undergo huge public programs drafted by an inclusive, transparent and participatory process to address the severe lack of social housing, poor healthcare and underfunded education systems - all of which have helped contribute to the instability and endless cycles of violence;

 

9. Expresses concern regarding the increasingly aggressive policies of the United States and its international allies against the People’s Republic of China, strongly condemns the AUKUS military alliance which also contravenes the Nuclear Proliferation Treaty as it allows for the transfer of highly enriched uranium and nuclear technology; calls on foreign powers to stop fuelling tensions in the South China Sea and insists that the conflict in the South China Sea will only be solved through dialogue between the different countries which hold island and maritime claims in the region, namely the People’s Republic of China, Vietnam, Malaysia, Brunei, and the Philippines;

 

10. Calls on the authorities in Taipei to refrain from interfering in the situation in Hong Kong in order to diffuse tension between China and Hong Kong, and to prevent the United States from using it as a pretext to complicate further the situation;

 

11. Welcomes the fact that as result of the 2019 EU-China Summit both partners confirmed their will to continue their strategically important partnership and stressed  their political will to discuss and find solutions in areas where both sides have different views and approaches; calls that the next EU-China Summit should further determine the sharpening of the character of this globally important  partnership, based on dialogue and cooperation, between the EU and China by acknowledging the mutual impact on both the EU-s For 55 strategy and China-s 2025 agenda and other strategic plans for the socio/economic development of both partners; emphasizes the importance of keeping the cooperation between the European Union and the People’s Republic of China in different sectors, including the Belt and Road initiative and the human rights and rule of law mechanisms dialogue; calls for reassuring the need to have relations based on understanding and mutually beneficial agreements and guided by the strong will to contribute any effort for lasting international peace, stability and tackling the challenges of the UN’s 2030 agenda and the implementation of the 17 SDGs; recalls in the current situation in particular the importance of deepening efforts of both the EU and   China to cooperate constructively in the context of the COVID-19 pandemic, in which Chinese authorities have closely collaborated with different Member States showing solidarity;
     
12. Reaffirms that both the EU and its Member states and China have to guarantee the legal framework for the acting of all their economic stakeholders, national as well as international corporations in accordance with their commitments and obligations to international standards and rule, i.e. the ILO labour standard, and  respect international political and social human rights standards, especially when operating in third countries; calls on the Member States to ensure that companies under their national law remain bound to respect human rights and the social, health and environmental standards imposed on them if they establish dependences or operate in a third country and are committed to respect their fiscal duties; regrets that the European Commission removed Hong Kong the European Union’s watch list on non-cooperative tax jurisdictions; calls on the Commission and the Member States as well as the Chinese and, in particular, the Hong-Kongese authorities to take decisive  measures against  companies that do not respect these standards or that do not satisfactorily compensate victims of human rights violations directly or indirectly;

 

13. 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.