Hope in the darkness

Nathan Law has been imprisoned, disqualified from political office and forced to seek political asylum in the UK – all for fighting for democratic rights in Hong Kong, his home city. But, in spite of it all, he remains optimistic.

“As an activist I’m not entitled to lose hope,” he tells Index on Censorship. “I still believe that maybe in a decade’s time I can set foot in Hong Kong, when it’s democratic and free.”

Law, 28, fled to London in the summer of 2020 after the passing of the National Security Law, a draconian piece of legislation that criminalises even a whisper of criticism against Beijing’s rule.

Given the chance, what would he tell Communist Party leaders in Beijing?

“I would say, ‘There is no totalitarian regime that can remain forever. All of them will collapse’, and I’d say, ‘That is your fate if you continue to do what you are doing’.”

Law’s face and name are synonymous with the struggles in Hong Kong. Alongside Joshua Wong, Alex Chow and Agnes Chow, he has helped drive the recent protest movement.

The son of a construction worker and a cleaner, he first became interested in democratic values at secondary school when the late writer and human rights defender Liu Xiaobo won the Nobel Peace Prize in 2010. Liu was serving his fourth prison sentence in China and was unable to accept the prize in person. An image of an empty chair soon went viral, a stark reminder of how bad human rights were in China.

“I grew up in a family that did not talk about politics, did not talk about social affairs,” Law says. Although he studied in a pro-Beijing school, he was “not heavily brainwashed to believe in the Communist Party”. He adds: “I was apolitical. I was not involved.” But when Liu won the prize, the principal of his school publicly denounced the writer in morning assembly.

“It triggered my curiosity because I thought people getting the Nobel Prize are the ones who are good in their field. So how come such a person – a Chinese [person] – would be criticised in that fashion? It really triggered my curiosity and got me to look into the work that he had been doing. He opened up a gate for me to understand all these concepts.”

That gate first led Law to the Tiananmen Square vigil, held in Hong Kong every year since 1989, and then to him leading the 2014 Umbrella Movement (which later landed him in prison on charges of “unlawful assembly”).

After this, Law became the youngest legislator in Hong Kong’s history, a position from which he was quickly disqualified when he modified his oath of allegiance to China during the swearing-in ceremony in October 2016.

In the same year, he founded Demosistō, a pro-democracy political party, with Agnes Chow and Wong.

But time was up when the National Security Law was passed. Demosistō was disbanded, Law was forced out of Hong Kong and Chow and Wong were jailed, alongside scores of others connected to the democracy movement.

Today, dissent is in a straitjacket in Hong Kong. And yet not all have given up fighting. In Law’s recently published book – Freedom: How We Lose It And How We Fight Back – he writes: “Even during this most bitter of times the spirit of ordinary Hong Kong people continues to shine, even if it must do so in the shadows.”

Law lists the people who refuse to have their prison sentences lessened by agreeing to the charges against them and instead “defend themselves in order to narrate their story at the risk of heavy sentencing”. He lists those who attend court hearings to show support to the defendants, those who write letters to the imprisoned and those who advocate for any policy that might remotely challenge the government.

“The hope lies in these people. Even though we are in the darkest time and change is seemingly impossible, people are still doing things because they feel that it is the right thing to do,” he says.
Law might have an admirable sense of hope, but his is not an easy life. He had to publicly sever ties with his family when he moved to the UK and has been unable to talk to Agnes Chow and Wong, too. He misses the people and he misses the place.

“I always dream about Hong Kong,” he says. “You’re familiar with everything. You don’t have to think. Like when you step into the MTR [the subway]. It’s in your muscles, in your memory. You understand everything. You understand all the slang. The background noise with people’s hectic walk, the hectic talk of Cantonese and bus horns, those noises from the stores and from restaurants. It’s just unique.”

Law has been granted asylum in the UK – a move that angered Beijing, which declared him a criminal suspect. Even though he is thousands of miles from Hong Kong, he still has to look over his shoulder. He takes extra precautions: he never mentions where he lives and he takes detours when he leaves and returns home – measures that have come to define the life of China’s dissidents. He simply doesn’t feel safe “because of how extensive China’s reach can be”.

“We’ve got cases like Navalny; the Russian dissident forced to land in Belarus; we’ve also got a lot of cases of Uyghur activists around the world being arrested or extradited back to China. There are a lot of things that can happen to dissidents. It is not a secret that I am almost at the top of the list of national enemies that China portrays, so things like this could happen,” he says.

“On the other hand, I don’t want any of these fears to hinder my activities and my activism. So I will try to be vigilant to protect myself, but I will also try 100% to promulgate the agenda of the Hong Kong democratic movement.”

One of the ways that he wants to do this is through publishing his book. A blend of personal experience and broader context, Law wants it to appeal to as many people as possible and for these people to “act after reading it”.

“I’m an author, of course, but at the end of the day my essential identity is an activist. By definition, an activist is someone who tries to empower people to act in order to precipitate social changes. I intend to appeal to people to be more aware of their own democratic states,” he says.

As for what we can do to help Hong Kong, Law puts it simply: “Get involved. Pay more attention to Hong Kong and to China. Start to look into campaigns that could help, like boycotting the Olympics, supporting political prisoners or even reading news – just supporting the news agencies who produce these fantastic stories for Hong Kong and for China.

“After that, if you really want to be a campaigner that supports Hong Kong then get organised. Find your local grassroots organisation and be a volunteer and try to explain that to your friends and your neighbours.”

It might be the darkest chapter in Hong Kong’s story, but – to channel Law’s optimism – let’s hope it’s not the last.

How I exposed Beijing’s big lie

Young activist Nathan Law’s election to the Legislative Council in 2016 shattered the myth that the people of Hong Kong did not desire freedom and democracy, he says in an extract from his new book

In August 2016, a month before the election, our team were starting to worry. The polls suggested I had little support in the constituency I was running in. Hong Kong Island is a wealthy and generally conservative district, known for electing prominent members of Hong Kong’s professional and elite class – lawyers, public intellectuals and former government officials. To make things more difficult, my constituency happened to have the highest number of elderly residents. It was also an important ‘super seat’ that would return six places in the legislature by proportional representation, so fifteen parties had fielded candidates.

While we were hopeful, our expectations were low. I may have been a public figure, but I was known only as a student activist. Going straight from student activism to the first tier of Hong Kong politics was not easy. I had to adjust my mindset. I was no longer representing students like me, but having to appeal to and present myself as someone who could represent a much broader range of people. I needed to demonstrate that I had the ability to understand the complexity of realpolitik, and accommodate the diverse needs and views of constituents. I also had to convince people that I was able to represent them in the city’s highest chamber.

In the last two weeks of the election, I worked as hard as I could to outline my beliefs and analyse heated debates about policy. I wanted to prove that age, education and experience are not the deciding factors in what constitutes a proper lawmaker: determination, vision and eloquence are what matter most.

The 2016 election saw an unprecedented turnout: 2.2 million voters, 58 per cent of the registered electorate, cast their vote. Despite the constant hectoring of Beijing’s loyalists, the silent majority had spoken, and it was in favour of pro-democracy candidates. A new force had emerged in local politics, with new, progressive localist candidates winning six seats. And I won my seat, by a far greater margin than polls had suggested, to become Hong Kong’s youngest ever lawmaker.

I was so proud of what we had achieved. We had exercised our right to stand for election, and in voting for us the people of Hong Kong had exercised their right to elect representatives who shared their concerns. The legislature may have been designed to ensure a pro-establishment majority, making it more of a debating chamber than a true law-making body. But to be one of thirty-five directly elected legislators still mattered.

My election represented an expression of the limited political rights Hong Kong people enjoyed – an expression of our freedom. I had a democratic mandate and no one in government could claim otherwise. Even if all I could do was be one voice in the chamber, this voice would be heard throughout the city; and for so many people of my generation, and for all those who had voted for me, that mattered.

At twenty-three years of age, I was Hong Kong’s youngest legislator. Often, babies of the House, as the youngest parliamentarians are called in the UK, go on to have long careers in politics. Mine in Hong Kong would be one of the shortest.

Legislative Council members are elected to serve a four-year term. As my team moved into our new offices in the Legislative Council Complex, there was no reason to suppose we would not be there for at least that long. We did our best to make ourselves feel comfortable in room 901. As an activist I had met and worked with many legislators, but to be sitting in the Council building now as one of them felt different. I watched political aides come and go, and my staff hovering busily about, and could not help but wonder if I truly belonged there. Was this the right place for an activist? Could it accommodate us?

Well-known democratic lawmakers stopped by to welcome me. They did their best to make me feel I belonged. Many were politicians and campaigners I looked up to and had worked with during the protests. They had fought hard for a better Hong Kong – for labour rights, civil liberties and for other important freedoms. Still, any pride I might have felt was overridden by the realisation of what I was up against. Though my allies in the democratic camp were capable and respected in the wider community, they were operating within a system designed to ensure they would never have power. And those who did have power would seek to silence and destroy us.

My election had been a terrible loss of face for Beijing and their loyal supporters. It shattered one of their principal lies: that the majority of Hong Kong people are loyal patriots who place the ‘nation’ (meaning the CCP) over local issues and a desire for freedom and democracy. It was a lie that had served the interests of the powerful, from the officials and secret Communist Party members who dominated Hong Kong’s elites to international businesses who had throughout Hong Kong’s history suppressed the will of the people in order to promote so-called stability and a favourable commercial environment. It was a lie that Hong Kong’s last governor, Chris Patten, had bravely challenged by going directly to the people, refusing the assurances of an elite who insisted that Hong Kong people were apolitical. It was a lie that had become increasingly pernicious as Beijing encroached on our freedoms, making democratic representation even more important. And my presence in the Legislative Council, alongside other new and progressive lawmakers, told the world that it was a lie. Beijing would not forgive me for that.

Extracted from Freedom: How We Lose it and How We Fight Back, by Nathan Law, published by Transworld in November 2021

This interview and the extract appeared in the winter issue of Index on Censorship. Click here for more information on this issue

Tiananmen candlelights a sight too beautiful to last

[vc_row][vc_column][vc_single_image image=”116835″ img_size=”full” add_caption=”yes”][vc_column_text]For 30 years in a row after the 4 June bloodshed in Beijing, Hong Kong people had turned out en masse at Victoria Park, the city’s central park, to commemorate the victims of the killings at and around Tiananmen Square in the summer of 1989.

The regular June scenes saw marked changes last year. The imminent enforcement of a national security law scheduled for 1 July 2020 and a government ban on assembly on grounds of the Covid-19 epidemic cast a long shadow over the annual vigil. Still, thousands of people came out, holding candlelights and vowing “not to forget 4 June”.

Citing social distancing rules again this year, the Police rejected the application for a march planned for 30 May and an assembly at the park on 4 June to mark the 32nd anniversary.

The Hong Kong Alliance in Support of Patriotic Democratic Movement in China (Alliance), an umbrella body composed of pro-democracy groups which holds the vigil every year, has announced they will not hold any event at the park in the evening of 4 June.

More than 20 democrats, including leaders of the Alliance, who took part in last year’s candlelight vigil last year, were convicted of participating in unlawful assembly. They were given jail sentences of up to 14 months.

The remaining Alliance leaders will no doubt be arrested and face at least the same charge if they turn up at the park on 4 June. Worse, they may be charged with subversion under the national security law.

Alliance leaders advised people to commemorate the victims in a safe and peaceful manner.

Media reports quoted anonymous sources close to the government warning people not to wear black clothes – a regular form of portest – and not to hold up candles at and near Victoria Park. First, they may breach the social distancing rules. Mort importantly, they may be charged with unlawful assembly if they are deemed to have the same purpose in public places.

As this article goes to press, the city is laden with an air mixed with anger and fear, persistence and helplessness.

Following the harsh sentences of democrats convicted of unlawful assembly and the enactment of the national security law, fear has swept the city. Calls for a democratic China and an end of one-party dictatorship that resonated in earlier 4 June vigils could now be deemed as subversive.

Although the majority of people still believe they are on the right side of the history of the 4 June crackdown and must persist in holding up the candle of hope, they feel helpless in stopping the government crackdown on commemorating the anniversary.

Last Wednesday, the operators of the 4 June Museum run by the Alliance closed its doors, hours after officials from the Food and Environmental Hygiene department accused it of operating as a place of public entertainment without the required licences.

The museum reopened briefly on Sunday to mark the 4 June anniversary; it may never reopen again.

Founded at the heyday of the student-led movement in 1989, the Alliance’s days are seemingly numbered. Pro-Beijing political figures and media have put more pressure on the Government to ban the Alliance on grounds that its call for an end of one-party dictatorship in its manifesto is subversive.

Its disbandment is no longer a question of if, but when.

This is not so much because the Alliance has or will pose any real threat, nor embarrassment, to the ruling Chinese Communist Party. It can be argued that the opposite is true. That it was allowed to exist has provided a real-life case study that showed the world how the policy of “one country, two systems” worked.

Except for the much-smaller scale of commemorations in Taiwan, Hong Kong had been the only place in mainland China where people were allowed to commemorate the Tiananmen massacre.

Tolerance of the communist authorities towards 4 June commemoration, and indeed a free Hong Kong, has now run out.

With hindsight, the authorities feel they were wrong to have given too much freedom to Hong Kong people. As a result of that, many, in particular young people, have kept testing Beijing’s tolerance by crossing the political “red lines”, referring to politically sensitive issues such as independence and self-determination as well as challenging the system of government and their governance.

The protracted territory-wide protests sparked by a bill on extradition in 2019, followed by a landslide victory of the democrats in the district council elections in November that year, have shocked Beijing. They responded by imposing the national security law and overhauling the election system to make sure the city is run by Beijing-trusted patriots.

With democracy scuttled and freedom curtailed, the 4 June candlelights, described by Nancy Pelosi, US House Speaker, as “a beautiful sight to behold”, may now become history, testifying the end of “one country, two systems.”[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][three_column_post title=”You may also want to read” category_id=”85″][/vc_column][/vc_row]

Two countries, one system: why we must drop the pretence

[vc_row][vc_column][vc_single_image image=”115971″ img_size=”full” add_caption=”yes”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Two countries, one system.

That, effectively, is the policy in Hong Kong and China after more than 50 pro-democracy activists were arrested yesterday morning under the National Security Law for their part in the pro-democracy primaries last July.

The primaries were held to identify pro-democracy candidates for Hong Kong’s Legislative Council (LegCo) elections which were due in September 2020.

At the time, HKSAR chief executive Carrie Lam said, “If this so-called primary election’s purpose is to achieve the ultimate goal of delivering what they called ’35+’ [lawmakers], with the objective of objecting or resisting every policy initiative of the HKSAR government, it may fall into the category of subverting the state power – one of the four types of offences under the national security law (NSL).”

Lam subsequently postponed the 2020 LegCo elections, citing a resurgence in Covid-19 and claiming support for the move from Beijing.

Lam’s threat has now materialised, with many of the candidates and organisers of the primaries now arrested for breaking the NSL.

Several of the candidates for the primaries had already fled to exile, including Nathan Law, Ted Hui and Sunny Cheung.

The three issued a joint statement saying, “This has yet again proven how the National Security Legislation tramples upon One Country, Two Systems. The indiscriminate arrest concerns political figures from all sides of the spectrum. The unprecedented scale indicates how the Communist government had decided to purge the democratic camp, silencing all dissent.”

The three said that the ambiguity of the law now threatens all 600,000 Hongkongers who cast their votes in the primaries.

Benedict Rogers, CEO of Hong Kong Watch believes the arrests mean no one in Hong Kong is safe anymore.

“The simple act of organising a primary election for the purposes of selecting candidates for the pro-democracy camp ahead of Hong Kong’s planned Legislative Council elections is now deemed an act of subversion under the draconian national security law, carrying with it the potential for years in prison,” he told Index.

“Potentially any expression of desire for democracy or dissent from the Chinese or Hong Kong governments could be a criminal act. The national security law and its vaguely defined crimes of subversion and collusion with foreign political forces, imposed on Hong Kong last July, already threatened freedom of expression in Hong Kong, and now the arrests we have seen in recent months and especially these mass arrests prove that this draconian law has destroyed freedom of expression in Hong Kong.”

The UN clearly agrees with this view that everyone now needs to be waiting for the knock at the door.

A spokesperson for the UN Human Rights Office said, “These latest arrests indicate that – as had been feared – the offence of subversion under the National Security Law is indeed being used to detain individuals for exercising legitimate rights to participate in political and public life.”

The situation all seems a very long way from what is laid out in the Sino-British Joint Declaration which promised to maintain the status quo until 2047.

Lord Patten, who was governor of Hong Kong at the time of the handover, told Sky News that the arrest of pro-democracy activists was a “further turning of the screw”.

He said, “This is a further attempt to destroy the freedoms of a city that has thrived under the rule of law. The people who have been arrested are not radicals, they have not been guilt of violence, they are lawyers, academics, social workers. [These are the] people who organised a vote to choose the best candidates for the elections which were then postponed, arguably because of Covid.”

UK foreign secretary Dominic Raab said that the mass arrest was “a grievous attack on Hong Kong’s rights and freedoms as protected under the Joint Declaration” and that “the Hong Kong and Chinese authorities deliberately misled the world about the true purpose of the National Security Law”.

Tom Tugendhat MP , chairman of the Foreign Affairs Committee, called it a “tragedy”, saying, “Eroding free speech and detaining democrats is an act of violence against the people of Hong Kong and the economy they have built.”

Chinese exiled cartoonist Badiucao expressed his sentiments over the arrests with his latest work.

The UN has also urged the authorities to guarantee the right to freedom of expression in the context of ongoing investigations, including by allowing journalists and news organisations to fully and freely exercise their legitimate functions.

The authorities seem unlikely to comply. Various Hong Kong publications were served with a search warrant asking for the contact information of primary election candidates. This led Tom Grundy, co-founder of Hong Kong Free Press who spoke on our podcast just before Christmas, to say, “Hong Kong newsrooms are not phonebooks for the police to call upon as they wish.”

Whether it was coincidence that the arrests took place on a day when the world’s attention was distracted towards the USA or not – which is not beyond the Chinese Communist Party – many have highlighted the irony.

Journalist Tony Lin spoke for many when he tweeted, “So many nuances need to be addressed, but at core what many ppl fought for in Hong Kong was EXACTLY what DC extremists trying to dismantle in the US: the right to vote.”

In their statement, Nathan Law, Ted Hui and Sunny Cheung express what many are now feeling.

“Foreign governments must reconsider whether Hong Kong should be treated differently from China,” they added. “Leaders of the free world must recognise the ambition and the despotic nature of the Chinese Communist Party.”

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