Subcommittee on International Human Rights Committee on May 4th, 2021

[The Chair, Liberal, Peter Fonseca]

Welcome, colleagues, to meeting 18 of the Subcommittee on International Human Rights.

Today we meet to hear from witnesses for briefings on the situation in both Hong Kong and the Philippines.

To ensure an orderly meeting, I would encourage all participants to mute their microphones when they are not speaking and to address all comments through the chair.

When you have 30 seconds left in your questioning time, I will signal with this paper.

Interpretation for our witnesses is available. You will see a globe icon at the bottom of your screen, and it's available in French and English. If you don't speak one of the languages, please set up your interpretation there.

Also, just for everybody to remember, there are no screen captures or photos permitted.

I would like to welcome our witnesses for this first panel, which is on Hong Kong.

We have with us, Ms. Ai-Men Lau, adviser with Alliance Canada Hong Kong. Mr. Albert Chan, former Hong Kong legislative councillor, is appearing as an individual. From Hong Kong Watch, we have Mr. Sam Goodman, senior policy adviser; and Ms. Joey Siu, associate.

Ms. Lau, I will now invite you to make your opening statement for up to five minutes.

[Ai-Men Lau, Advisor, Alliance Canada Hong Kong]

Good evening. My name is Ai-Men Lau.

Thank you for inviting me to speak today.

I'd also like to thank the administrative, technical and translation team for all their hard work.

From the 2019 peaceful protest movement until today, Hong Kong's autonomy has been decimated by the Chinese Communist Party and the Hong Kong government. This has continued with impunity and the inaction has only emboldened the Chinese regime.

The Hong Kong government uses the national security law to stamp out street protests, silence dissenting voices, gut the city's legislature, decimate political opposition and weaponize COVID-19 health measures to restrict movement, mobility and gatherings, effectively bringing the entire movement to its knees.

Without an opposition, Beijing has implemented sweeping institutional changes to ensure complete control over the city's governance, including stripping Hong Kong of its electoral autonomy, requiring pledges of allegiance in public sectors, firing teachers for their political views and delegitimizing university student unions. It is also targeting trade unions and religious groups, raiding and targeting pro-democratic yellow businesses, requiring professional bodies like the Hong Kong Bar Association to adhere to its patriotic statutory duties and requiring Internet service providers to ban specific websites under the national security law.

Beijing's political imperative has now seeped into society and private life.

Living in fear and uncertainty, pro-democracy Hong Kongers are struggling to see a brighter future. Two years ago, Hong Kongers were able to march the streets in protest to voice their concerns. Today, they can be arrested for simply holding up blank pieces of paper in protest.

We have witnessed countless coordinated attacks by police officers and triads on regular civilians and arbitrary arrests of medics and reporters. Protestors were raped, beaten, tortured and denied due process. Co-organizers have gone missing for months on end and many more have fled to Taiwan via boat.

As of February 28 of this year, there were 10,242 arrests and 2,506 prosecutions related to the protests, yet after two years of perpetrating violent state and police suppression, few, if any, police officers, triad members or government officials have been held accountable.

Over 60% of youth in Hong Kong are hoping to leave the city. In a city-wide survey conducted by the Hong Kong Public Opinion Research Institute, one in five Hong Kongers is seeking to flee the city and 65% are not confident about Hong Kong's political future.

Even before the passage of the national security law, many Hong Kongers who hold foreign passports or have the financial resources have fled the city in fear of retaliation for their involvement in the protest movement. Now even that may be at risk. The Hong Kong government has passed a law that can bar people from leaving or entering, transforming Hong Kong into an open-air prison. This law will come into effect August 1, meaning we have a limited window of time to act.

We have three recommendations for the committee to consider.

First, we have previously submitted recommendations to CIMM, which we will also be submitting to this committee. Canada should create a dedicated asylum pathway for those fleeing prosecution or persecution, along with other immigration policy changes, such as modifying private sponsorship and family reunification that enables extended family members to resettle here. Canada should also plan to support the 300,000 Canadians and their families who need to renew permanent residence status or make applications. We urge you to consider the travel visa restrictions that have barred many from entering Canada, either seeking asylum or for resettling permanently.

Second, even though Hong Kongers are hoping to leave the city, we know that many more cannot leave. This is why we need to hold Hong Kong and Chinese officials accountable. Canada should invoke the Justice to Victims of Corrupt Foreign Officials Act, and place targeted sanctions against the Hong Kong government, the Hong Kong Police Force and PRC officials who are complicit in perpetrating human rights violations.

We must also ensure that these sanctions are enforceable by the Government of Canada.

Finally, we also urge Canada to address foreign state harassment operations, as dissidents' families are also targeted by authorities in Hong Kong and China.

Thank you, again, for inviting me. I am happy to take your questions.

[The Chair, Liberal, Peter Fonseca]

Thank you, Ms. Lau.

Now we'll hear from Mr. Albert Chan.

[Albert Wai Yip Chan, Former Hong Kong Legislative Councillor, As an Individual]

Mr. Chair, thanks for the invitation.

I am Albert Chan. I'm a Canadian resident living in Vancouver now. Before I returned to Canada in 2017, I was an elected politician in Hong Kong for 31 years.

I was the founding member of many political parties and was seen as one of the most radical politicians in Hong Kong. I have been arrested, indicted and convicted of political charges, and experienced first-hand police brutality.

My last indictment was in 2014 for burning the Chinese government's white paper on Hong Kong. I was charged together with Joshua Wong, Nathan Law and Raphael Wong, all three of whom you will recognize as distinguished and able young leaders in Hong Kong. Joshua is now in prison. Nathan is in exile and Raphael is pending trial on bail.

My last arrest was in 2016, together with Martin Lee and Jimmy Lai, for taking part in the Occupy Central protests.

In my years of political involvement, I have seen the deterioration of the rule of law, human rights and civic liberty in Hong Kong. With Xi Jinping's “thought” incorporated into the Chinese Constitution in 2018, the situation in Hong Kong has become worse and worse. Hong Kong is now, effectively, ruled under state terrorism, and many political activists have been arrested and charged arbitrarily. With the promulgation of the Hong Kong national security law, the government has, effectively, legitimized tyranny against all citizens of conscience. The situation in Hong Kong seems to repeat what happened in Shanghai in 1951 or in Nazi Germany in the mid-1930s.

There are three main areas of action that we can and should take.

First, the Canadian government should invoke the Magnitsky act to sanction all those people who have committed crimes against humanity. Many Chinese and Hong Kong officials have close connections to Canada. Economic sanction against these individuals can be effective and meaningful.

Second, there are 300,000 Canadians living in Hong Kong, and their rights, welfare and lives are now in jeopardy. The Canadian government should formulate a coherent plan to protect their rights and interests, and to rescue them when the situation arises.

Third, many Hong Kong people are fleeing, and Canada is their preferred destination. Unfortunately, the pandemic restricts their entry, and the Chinese government's control and intervention further prevent many from coming here. I call upon the Canadian government to expedite policies and procedures to facilitate those who want to come.

I'm sorry to point out that the Canadian government has done little in the past few years to address the problems in Hong Kong and to repel Communist China's influence. I am afraid that China has installed a very successful united front to infiltrate Canadian society and governments.

Clive Hamilton has conducted a comprehensive study of China's United Front work in Australia. Silent Invasion is deeply entrenched in all social, economic and political fabrics of that country, and effectively sways government decisions. I believe the situation in Canada is no better, if not worse. The silent hand may have reached deeply into our daily lives.

Canada is well known for its stand on humanitarianism. During the Second World War almost 2,000 Canadian soldiers sailed to Hong Kong to help with her defence, and more than 550 would never return. Hong Kong is again now facing the most serious humanitarian crisis in history. The Canadian government has no excuse to not take immediate action and change its past misdirected path. We do not want our Prime Minister to become yet another modern-day Neville Chamberlain.

Thank you, Mr. Chairman.

[The Chair, Liberal, Peter Fonseca]

Thank you, Mr. Chan.

[Albert Wai Yip Chan]

I have more written submissions for the committee.

Thank you.

[The Chair, Liberal, Peter Fonseca]

That would be great. Thank you very much.

Now we're going to hear from Mr. Goodman and Ms. Siu.

[Sam Goodman, Senior Policy Advisor, Hong Kong Watch]

Thank you very much, Mr. Chairman.

Since the national security law has come into force in Hong Kong in July 2020, over 100 pro-democracy activists have been arrested and are awaiting trial. Under the draconian law, they face 10 years to life in prison, with high-profile activists like Joshua Wong and Jimmy Lai now facing a carousel of court appearances and jail sentences that look set to continue into the immediate future. The Chinese Communist Party has moved swiftly to use this law and new culture of fear to silence dissent, firing pro-democracy academics and civil servants who refuse to swear allegiance to Beijing, rewriting Hong Kong's electoral system, introducing national security education to brainwash children as young as six, and steadily censoring the Internet and broadcast.

Journalists and judges for the moment are the two holdouts against Beijing's total control of the city. Both are finding themselves increasingly under assault. For the foreign press, this has come in the form of visa denials and, in the BBC's case, an outright ban. Local journalists fare far worse, risking fines or imprisonment for reporting. This was the case for the investigative reporter, Bao Choy, who was recently fined for exposing police corruption. Hong Kong authorities have also called for the closing of Apple Daily and directed the public broadcaster to purge investigative documentaries from its online archives. The Hong Kong police commissioner has warned that the national security law could be used in the future to target the spreading of so-called fake news.

The city has a long history of an independent judiciary, and the rule of law is the cornerstone of its success as a global financial centre, yet pro-Beijing outlets continue to call for judicial reform on an almost daily basis. Carrie Lam last week warned of government intervention against the Hong Kong Bar Association.

In the courtroom, things do not fare much better. Judges are hand-picked by Beijing. Juries are denied, and bail hearings now go on so long that there are reports of defendants collapsing and needing medical treatment. In the recent bail hearings of 47 pro-democracy activists, the judges considered only two narrow facts: the public profile of the accused and their record of opposition to government policy.

In a recent report published by Hong Kong Watch on “red capital”, we found that the speed at which Beijing has dismantled Hong Kong's autonomy has been made possible by economic coercion and the steady takeover of the city's economy through the influx of capital from the mainland.

Hong Kong is the canary in the coal mine. It provides a stark lesson on the cost of economic dependency on Beijing and the CCP's ability to co-opt business and utilize economic leverage to great effect. We recently saw this play out in Europe, where Hungary blocked the introduction of a package of EU measures out of fear of losing Chinese investment.

Beijing would have you believe that this disagreement is cultural, that potential conflict is ideological and that the solution lies in private dialogue. I would urge the members of this committee to avoid falling into this trap. For thousands of years prior to the formalization of international human rights conventions, Chinese philosophers promoted the idea of human dignity and respect for human life. So, the next time you hear that the treatment of Uighurs, Tibetans and Hong Kongers at the hands of the CCP is just a result of cultural differences, don't let that fool you.

Those brave protestors on the street in Hong Kong in 2019 and citizens in Taiwan today demonstrate that people of Chinese ethnicity value not only human rights but freedom, democracy and the rule of law as well. That is why, in the final analysis, democracies like Canada must do all they can to support them. This should include introducing Magnitsky sanctions against Hong Kong officials, making it easier for Hong Kongers to claim asylum in Canada through an upgraded lifeboat scheme, working toward the creation of a UN special rapporteur for Hong Kong, and urgently reviewing Canada's economic dependency on China.

Thank you very much.

[The Chair, Liberal, Peter Fonseca]

Thank you.

Thank you, witnesses, for your opening statements.

We are going to proceed to questions from members.

We're going to begin with MP Khalid for seven minutes.

[Iqra Khalid, Liberal, Mississauga—Erin Mills, ON]

Thank you very much, Mr. Chair.

Thank you to the witnesses for their time and their very compelling testimony today.

I'll start with something that all of the witnesses have touched on today, which is response from the international community. Over the past number of months and this year, the response from western countries, including Canada, to the imposition of the NSL and the ongoing repression of pro-democracy legislators and activists has been swift and condemnatory. Imposing sanctions, changing immigration policies to favour Hong Kongers and restricting exports of certain goods to Hong Kong have been a few of the steps that have been taken by the western countries.

I'll start by asking this: What has been the impact of these measures on the ground in Hong Kong specifically, and how has the government really responded on the ground?

Perhaps we'll start with Mr. Chan.

[The Chair, Liberal, Peter Fonseca]

Mr. Chan, you're muted.

[Iqra Khalid, Liberal, Mississauga—Erin Mills, ON]

Maybe while we wait, we'll go to Ms. Lau and then we'll come back.

[Ai-Men Lau]

Thank you for that question.

To be frank, and I hope the committee can appreciate my candour, I don't think much of what we've done has deterred Beijing. You have to understand that they have been emboldened by, frankly, what they see as inaction. Soft power engagement is not working with China.

We have asked repeatedly for sanctions. Alliance Canada Hong Kong did a community consultation of a survey across Canada and got 13,000 responses from Hong Kongers and Canadians. The top demand was sanctions in the face of the tightening grip of Beijing.

To be frank, this has been a long, ongoing struggle. I think we have ignored the plight of Hong Kongers for a very long time. I commend the government for acting as swiftly as it did to suspend the extradition treaty with Hong Kong when the NSL came into place, to suspend certain sensitive military exports and to introduce some of the immigration measures. However, we're not doing enough.

[Iqra Khalid, Liberal, Mississauga—Erin Mills, ON]

Thank you.

Ms. Siu, do you want to add to that?

[Joey Siu, Associate, Hong Kong Watch]

Chair and members of the committee, I think you have skipped my opening statement. Do you mind if I go on right now?

[The Chair, Liberal, Peter Fonseca]

My sincere apologies. I thought Mr. Goodman was making the statement for the two of you.

Yes, let's provide time for Ms. Siu to make a statement.

Go ahead.

[Joey Siu]

Thank you.

Good evening, everyone. Thank you for inviting me. My name is Joey Siu, a Hong Kong activist now based in Washington, D.C., with Hong Kong Watch.

Over the past few months, Hong Kong's situation continued to worsen rapidly. The national security legislation passed in July 2020 has become the most actively used tactic to silence voices of opposition in Hong Kong. In February, 47 pro-democracy activists were arrested on suspicion of subversion of state under the sweeping legislation, simply for their participation in the democratic primaries.

Among the 47 who were arrested, 36 were denied bail and have been in custody for more than two months now. Another nine prominent leaders, including Martin Lee, Margaret Ng and Albert Ho, were also sentenced for participating in an absolutely peaceful assembly back in 2019, while more protestors in Hong Kong are being charged with protest-related offences under the heavily criticized public order ordinance.

Aside from the continuous political persecutions, the Chinese Communist Party's rubber stamp parliament also passed a resolution a few weeks ago to overhaul Hong Kong's electoral system, with a unanimous vote. More than 380 district councillors of Hong Kong are now expecting to face potential disqualifications in the upcoming months. It is now almost impossible for pro-democracy candidates in Hong Kong to run for local elections, not to mention the promised universal suffrage for Hong Kongers.

While national security related cases are handled by judges hand-picked by Beijing, other judges who rightfully dismiss the most ridiculous charges against protestors are also being placed under heavy pressure and criticisms from Beijing officials and also pro-CCP groups.

Following the conviction of investigative journalists for documenting the history, more were being stripped of their contracts or forced to resign under pressure. Documentaries and news programs of Hong Kong were also being deleted.

Cancellation of truth and values happens not only in newsrooms but also in classrooms. Books were being pulled from library shelves and school curriculums were shaped to include the brainwashing national security education elements. More teachers were disqualified over complaints of providing one-sided and biased materials related to values of freedom and democracy.

University student unions of Hong Kong have been a cradle of social movements in the past. During my time in Hong Kong as a student union member, I was still able to organize different campaigns, yet it recently became impossible as well. Slamming the student groups for “becoming increasingly politicized” and “repeatedly making inflammatory and potentially unlawful public statements,” more universities in Hong Kong decided to cut ties with their students, ceasing financial assistance and taking back all possible resources.

Censorship fears have also shadowed the cultural industry in Hong Kong. Tiananmen massacre-themed artwork by the famous dissident and artist Ai Weiwei was taken down. Screening of a documentary about the siege of the Polytechnic University was cancelled. Nomination of the protest-related documentary Do Not Split also seemed to become the reason behind broadcasters' decision of not airing the Oscars ceremony for the first time in over 50 years.

Under the haze of Beijing's escalating crackdowns of Hong Kong, many were left with no choice but to leave the city. However, as the new immigration bill amendment passes in Hong Kong, relocation might soon no longer be an option as well. The amendment passed on April 28 gives immigration officials of Hong Kong almost unlimited power to stop any individual from leaving or entering Hong Kong. Given the CCP's similar tactics used against Uighurs, there is concern that the law will be weaponized as a tool to restrict freedom of movement and prevent Hong Kongers from seeking asylum or applying for lifeboat policies elsewhere.

Current lifeboat policies should be improved to allow applications in a third country, and requirements should also be loosened to expand the coverage. As Canada welcomes more Hong Kongers, resources should also be allocated to assist new arrivals' integration and help preserve the culture of Hong Kongers. Internationally, we should also continue to work closely with allies with shared values to impose coordinated sanctions and to construct more comprehensive China policies.

I became a student activist right before our movement broke out two years ago, and within two years' time, almost all my friends are now either facing charges or going through trials, in exile or imprisoned.

The continuous violations of the Sino-British Joint Declaration are a clear reflection of the Chinese Communist Party's trustworthiness. Turning a blind eye to Beijing's ongoing human rights violations and disregard of international rules-based order is no different from encouraging their escalating repressions at home and aggressions abroad.

Thank you. I look forward to answering your questions.

[The Chair, Liberal, Peter Fonseca]

Thank you, Ms. Siu, and my apologies again.

Ms. Khalid, we were at three minutes and 12 seconds into your question time, so you have about another three minutes and 45 seconds.

[Iqra Khalid, Liberal, Mississauga—Erin Mills, ON]

Thank you very much, Mr. Chair, and thank you, Ms. Siu.

Given that I have such little time left, perhaps I'll turn to Mr. Chan.

Specifically, Mr. Chan, Ms. Lau mentioned in one of her three recommendations that Canada take action on foreign state harassment operations within Canada.

With you being a resident of Canada, may I perhaps ask, have you experienced such harassment here in Canada? What has been your experience with this?

[Albert Wai Yip Chan]

I haven't experienced harassment myself recently, mainly because I haven't been that active. I do understand that some people have.

I think the most effective thing the Canadian government can do right now is to assist those who want to come to Canada. Second, as I said earlier, the Canadian government should invoke the Magnitsky act to sanction those individuals who have relations with Canada, mainly because there are so many people in Hong Kong who are helping, assisting or enabling the Chinese Communist Party to deprive people's basic rights. They are actually violating the international covenants on human rights and other rights as well.

If the Canadian government can target those individuals.... I believe there will be hundreds or even thousands of them who are living in Hong Kong now, but have close relationships with Canada. If the government can identify those individuals and sanction them economically and financially, I believe this will be the best and most effective means for the Canadian government.

This is something other governments cannot do.

[Iqra Khalid, Liberal, Mississauga—Erin Mills, ON]

Thank you, Mr. Chan.

My sincerest apologies. I'm very cognizant of time and I do have one more question for Mr. Goodman, if that's okay—through you, Mr. Chair.

Mr. Goodman, you spoke about perhaps calling for a UN special rapporteur to be created. What do you think would be some of the challenges that such a rapporteur would face once they are on the ground to do their work—if they are able to get to the ground?

[Sam Goodman]

Thank you for the question.

I think that, obviously, the first challenge would be access on the ground. I imagine the Hong Kong government officials and Chinese officials would be quite obstructive to a UN special rapporteur operating in Hong Kong.

Given the number of pro-democracy parties and pro-democracy-leaning civil society organizations that dissolved in the last eight months, I think it would be quite hard to engage on a community level. I imagine they also would probably be denied access to a number of the pro-democracy activists who are now behind bars.

Nonetheless, I think it is tantamount.... It is really quite important that there be a special rapporteur for this reason, so we can get credible information about the human rights abuses that are taking place in Hong Kong and get up-to-date reports.

For organizations like ourselves at Hong Kong Watch, increasingly, the contacts we have on the ground are running out as many of them are ending up in jail.

[Iqra Khalid, Liberal, Mississauga—Erin Mills, ON]

Thank you very much, Mr. Goodman.

Witnesses, thank you once again for your very compelling testimony.

[The Chair, Liberal, Peter Fonseca]

Thank you.

We will move to MP Chiu for seven minutes.

[Kenny Chiu, Conservative, Steveston—Richmond East, BC]

Thank you, Mr. Chair.

My first question is for Ms. Lau.

Many here in Canada would hold the belief that Canada shouldn't be admitting lawless rioters into Canada. What's your view?