2 July 2014 | Amnesty International
Dear Secretary Yuen,
I’m writing to urge the Hong Kong government to drop all investigations and criminal proceedings against peaceful protesters in conjunction with events on 1 and 2 July.
The twenty-five protesters, most of them students, under investigation for “illegal assembly”, “organizing and assisting in an illegal assembly” and “obstruction in a public place” and the five members of Civil Human Rights Front, who organized the 1 July march and are also under investigation, were only peacefully exercising their human rights to freedom of assembly and freedom of expression.
Hong Kong is bound by the International Covenant on Civil and Political Rights (ICCPR) to respect and protect the rights to freedom of expression and peaceful assembly. These rights are protected by Articles 19 and 21 of the ICCPR, respectively and also Article 27 of the Hong Kong Basic Law, sometimes referred to as Hong Kong’s mini-constitution.
The Hong Kong police labelled the assembly as an “illegal assembly” as the organizers of the sit-in protest did not apply for “a letter of no objection” in accordance with Hong Kong’s Public Order Ordinance. However, the requirement to apply for “a letter of no objection” runs counter to the international human rights law, which does not require advance approval for holding a peaceful assembly.
I would like to remind you of the concluding observations of the UN Human Rights Committee following its consideration of Hong Kong’s report to the Committee on its implementation of the ICCPR in 2013. The Committee raised concerns that ‘the application in practice of certain terms contained in the Public Order Ordinance, inter alia, “disorder in public places” or “unlawful assembly”, which may facilitate excessive restriction to the Covenant rights’ and recommended that Hong Kong should ensure that the implementation of the Public Order Ordinance is in conformity with the Covenant.