the Bureau of East Asian and Pacific Affairs

“ PRC-controlled state media outlets in both Hong Kong and mainland China repeatedly accused Hong Kong judges of bias following the acquittals of protesters accused of rioting and other crimes. In November 2020, a senior PRC official responsible for Hong Kong policy called for "judicial reform" to remove "alien values" from the Hong Kong courts. Some Hong Kong and PRC officials questioned the existence of a "separation of powers" in Hong Kong, including some statements that judicial independence is not enshrined in Hong Kong law and judges should follow "guidance" from the government. ”

“ In February, Radio Television Hong Kong, Hong Kong’s main publicly funded broadcaster, ceased broadcasting BBC World Service radio after the PRC pulled BBC World News off the air in mainland China.
In June 2020, a survey conducted by the Hong Kong Journalists Association (HKJA) showed that an overwhelming majority of journalists in Hong Kong worry about their personal safety. There were reports of unexplained visa delays for foreign journalists, as well as outright restrictions on foreign journalist access in Hong Kong. ”

“ Under the NSL, bail shall not be granted unless the judge has sufficient grounds to believe the defendant or suspect will not continue to commit acts endangering national security. The HKPF has the power to compel even those released without charges to post bail and subject them to bail restrictions as long as the investigation continues. Activists argue the bail system leaves the person in limbo, i.e., not officially charged but required to attend monthly check-ins, with no defined end date under which the government is required to bring charges. ”

“ In July 2020, Chief Executive Carrie Lam, with the support of the PRC, postponed the September 2020 LegCo election for at least one year. Lam cited COVID-19 concerns in her decision, despite significantly fewer per capita cases of COVID-19 than in other nations and cities that have conducted elections safely during the pandemic. Opposition politicians and democracy advocates maintained the Hong Kong government’s actual motive was to avoid defeat in the elections. ”

“ Several pro-independence political parties and activist groups, including student groups, disbanded in June after the NSL was announced, for fear their freedom of association would no longer be respected under the new legal regime. The NSL also created the offense of "collusion with a foreign country or with external elements," giving rise to further concerns. ”

“ Progress towards Universal Suffrage and Impact on the Legislature Hong Kong voters do not enjoy universal suffrage in elections for the chief executive, and thus this office is not accountable to the Hong Kong public. Hong Kong voters only enjoy universal suffrage in electing 40 of the 70 seats of the LegCo; limited-franchise constituencies elect the remaining 30 seats. Hong Kong voters do enjoy universal suffrage for district council elections. ”

“ The NSL is not restricted in its application to Hong Kong or its residents, but also applies to offenses committed outside the region. Police issued arrest warrants under the NSL for about 30 individuals residing abroad, including U.S. citizens, according to a local media report. (Note: These warrants are not public nor confirmed by any officials. End note.) Additionally, the HKPF NSD reportedly carried out arrests on grounds unrelated to the NSL.
Democracy activists, including renowned Beijing critic and media mogul Jimmy Lai, are increasingly being denied bail. ”