The following is based on a communication sent by the UN Special Rapporteur on Human Rights Defenders and other UN experts to the Government of China on 7 January 2026. The communication remained confidential for 60 days before being made public, giving the Government time to reply. The Government replied on 23 March 2026, and their response is currently being translated.
Since sending the communication, the trial of Ms. Chow Hang-Tung and Mr. Lee Cheuk-Yan began in Hong Kong, with both pro-democracy activists pleading not guilty. As of the date of publishing this communication, their trial is ongoing.
This is a shorter version of the original communication.
BACKGROUND
Topic: the arrest and detention pending trial of human rights defenders and pro-democracy activists Ms. Chow Hang-Tung and Mr. Lee Cheuk-Yan who were arrested on 8 September 2021, along with other pro-democracy activists, and charged under the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (“National Security Law”). Since then, they have reportedly been subjected to conditions of detention contrary to international law and standards, including solitary detention in retaliation for their activities. Their requests for bail have been systematically denied, and the date of their trial has been repeatedly postponed.
Concerns about the National Security Law in the Government of the Hong Kong Special Administrative Region (HKSAR), the interference with the legal profession and its misuse against human rights defenders and pro-democracy activists, have been raised in several previous communications sent by Special Procedures to the Chinese Government, including our communications dated 19 June 2020 (CHN 13/2020), 1 September 2021 (CHN 17/2020), 6 April 2023 (CHN 2/2023) and 6 September 2025 (CHN 20/2025).
The arrest and detention of Chow Hang-Tung have been addressed in an Urgent Appeal dated 24 September 2021 (CHN 10/2021), and on 1 May 2023, the Working Group on Arbitrary Detention found her deprivation of liberty to be arbitrary (A/HRC/WGAD/2023/30).
Ms. Chow Hang-Tung and Mr. Lee Cheuk-Yan are human rights defenders and democracy activists in Hong Kong. They were both members of the Hong Kong Alliance in Support of Patriotic Democratic Movement of China (the Hong Kong Alliance), a pro-democracy civil society organisation founded in 1989 after the events, protests and crackdown in and around Tiananmen Square. Until its dissolution in 2021, the mission of the Hong Kong Alliance encompassed advocating for democratic reforms in China, demanding accountability for the repression of the 1989 pro-democracy movement and remembrance of its victims, advocating for the release of political dissidents in mainland China, and organising an annual candlelight vigil in memory of the Tiananmen victims.
Chow Hang-Tung is a lawyer and served as the vice-chairperson Hong Kong Alliance from 2016 until her arrest in September 2021. As an activist and barrister, she has advocated for labour rights, supported human rights defenders in mainland China and defended Hong Kong activists targeted under the National Security Law. In addition to the current detention, she was reportedly jailed for a total of 22 months for joining a peaceful candlelight vigil commemorating the Tiananmen crackdown in 2020 and publishing a social media post encouraging people to commemorate the Tiananmen crackdown in 2021.
Lee Cheuk-Yan is a legislator, labour and pro-democracy activist who served as the chairperson of the Hong Kong Alliance for two terms, until his arrest in September 2021. He also served as the General Secretary of the Hong Kong Confederation of Trade Unions for more than 30 years, representing at its peak 190’000 members from 95 affiliated unions. In addition to the current detention, Lee reportedly served a total of 20 months in prison for peacefully participating in protests in 2019 and for taking part in a vigil commemorating the Tiananmen crackdown in 2020.
ALLEGATIONS
On 8 September 2021, Ms. Chow and Mr. Lee were arrested in their offices by the National Security Unit of the Hong Kong Police. Ms. Chow livestreamed the police entry into the offices. Several other standing committee members of the Alliance were also arrested.
On 9 September 2021, the Hong Kong justice secretary charged the Hong Kong Alliance, Ms. Chow Hang-Tung and Mr. Lee Cheuk-Yan with “inciting subversion of state power” under articles 22 and 23 of the National Security Law.
On 10 September 2021, Ms. Chow Hang-Tung and Mr. Lee Cheuk-Yan appeared for a bail hearing in the West Kowloon Magistrates’ Court. They pleaded not guilty of acts “inciting subversion of state power”. They were denied bail.
On 25 September 2021, the Hong Kong Alliance was disbanded after a vote of its member during a special general meeting.
On 6 December 2022, the High Court denied Mr. Lee Cheuk-Yan’s application for bail review, ruling that there were insufficient grounds to believe that he would not continue to engage in acts endangering national security if granted bail.
On 21 December 2023, the High Court denied Ms. Chow Hang-Tung’s application for bail review, ruling that there were insufficient grounds to believe that she would not continue to endanger national security if granted bail. Prior to this decision, the Magistrate’s Court has repeatedly rejected Ms. Hang Tung’s bail applications for over ten times.
On 28 August 2024, after nearly 3 years of detention pending trial, the High Court scheduled the trial to commence in May 2025. The starting date of the trial was then postponed to November 2025, and subsequently to 22 January 2026.
On 3 November 2025, the High Court rejected Ms. Chow Hang-Tung’s application to terminate the prosecution. Ms. Chow, representing herself, argued that the indictment failed to specify what “unlawful means” she allegedly employed, rendering the charge impermissibly vague. The prosecution argued that “unlawful means” referred to any acts aimed at ending the Chinese Communist Party’s leadership, which would contravene China’s constitution, ruling that whether the defendants committed the alleged acts would be determined at trial. Written reasons are to be provided on 21 January 2026, one day before her trial is scheduled to begin.
According to the information received, during her detention, Ms. Chow Hang-Tung has not been provided with regular access to a computer or library to prepare for her defence. She has also been prohibited by the Correctional Services Department to receive certain books, including one about the Tiananmen crackdown, on the grounds that they could “provoke anti-authority sentiment”.
Ms. Chow has filed a judicial review lawsuit against the Correctional Services Department, challenging the policy requiring women to wear long trousers during summers, while men are allowed to wear shorts.
Ms. Chow has been reportedly repeatedly subjected to solitary confinement. In a letter posted on her social media, she disclosed that in 2023 alone, she spent a total of 82 days in solitary confinement. The periods of solitary confinement reportedly followed her actions or public expressions of opinion, such as issuing a statement for the acceptance for CCBE Human Rights Award in 2023, writing a letter reflecting on her nomination for 2025 Nobel Peace Prize or engaging in a hunger-strike to commemorate the Tiananmen crackdown.
Reports suggest that, as of June 2025, approximately 189 individuals have been charged under national security-related provisions in Hong Kong. Of the cases concluded, sources estimate that about 85% of them were involved in conduct amounting to legitimate expression that should not have been criminalized under international human rights law. Moreover, the average length of pretrial detention in national security cases is reportedly 11 months.
CONCERNS
In the communication, we express our utmost concern at the arrest, prosecution, ongoing pre-trial detention and conditions of detention of Ms. Chow Hang-Tung and Mr. Lee Cheuk-Yan. It appears that they are being targeted because of the expression of their political opinions, legitimate human rights work and pro-democracy activities, in blatant violation of their human rights, including their rights to freedom of peaceful assembly and freedom of expression as enshrined in articles 19 and 20(1) of the Universal Declaration of Human Rights and articles 19 and 22 of the International Covenant on Civil and Political Rights (ICCPR). Moreover, the arrest, charge and detention of Ms. Chow and Mr. Lee appear to be inconsistent with the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, (UN Declaration on Human Rights Defenders), in particular with articles 1, 2 and 12.
We hereby reiterate our utmost concerns regarding the National Security Law, and its impact on the freedom of expression, peaceful assembly and association of the population of Hong Kong, with special attention to human rights defenders and pro-democracy activists. As addressed in our communications of 19 June 2020 (CHN 13/2020), 1 September 2021 (CHN 17/2020), 6 April 2023 (CHN 2/2023) and 6 September 2025 (CHN 20/2025), we are seriously concerned that the Law’s provisions are not fully in line with international human rights law, in particular with the obligations arising from the International Covenant on Civil and Political Rights. We also express concern that a lack of a precise definition for what types of conduct qualify as seriously endangering national security may result in the undue limiting or infringement of fundamental freedoms.
We express further concerns about the reported high number of individuals charged under national security related provisions in Hong Kong, in relation to conduct amounting to legitimate expression. This trend raises serious concerns regarding compliance with articles 19 and 22 of the International Covenant on Civil and Political Rights (ICCPR), which protect freedom of expression and association, as well as the principle of legality under article 15 of the ICCPR.
In the present case, we are deeply concerned that Ms. Chow Hang-Tung and Mr. Lee Cheuk-Yan are being charged of “inciting subversion of state power” under articles 22 and 23 of the National Security Law, without any clear definition or evidence of such acts.
We refer to the Government’s letter dated 22 December 2021 in response to our urgent appeal of 24 September 2021 (CHN 10/2021) concerning the arrest and detention of Ms. Chow Hang-Tung. In its reply, the Government emphasized that freedoms of expression and of association are not absolute, and that judges should proceed to a four-step proportionality test when applying the Hong Kong National Security Law in order to assess whether a restriction to those freedoms is proportionate to the goal of the law and public interest at stake, namely national security. It refers to the 2016 Final Appeal case of Hysan Development Co Ltd and Town Planning Board, in which it was held that a restriction must (a) pursue a legitimate aim; (b) be rationally connected to that legitimate aim; (c) be no more than is necessary to accomplish that legitimate aim; and (d) that a reasonable balance has to be struck between the societal benefits of the encroachment and the inroads made into the constitutionally guaranteed rights of the individual, asking in particular whether pursuit of the societal interest results in an unacceptably harsh burden.
In this respect, we are particularly concerned that there is no reasonable balance between the societal benefits sought in the present case and the infringement of the rights of Ms. Chow Hang-Tung and Mr. Lee Cheuk-Yan. The allegation that Ms. Chow Hang-Tung and Mr. Lee Cheuk-Yan have been detained pending trial for over 450 months is particularly alarming. This duration far exceeds any reasonable proportionality threshold, especially taking into account that the average length of pretrial detention in national security cases is reportedly 11 months. Such prolonged pretrial detention raises serious concerns regarding the right to a fair trial and equality before the law. This duration appears to violate the requirement to be brought promptly before a judge and stand trial within a reasonable time, as required under article 9(3) ICCPR and rule 6 of the United Nations Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules).
Furthermore, we raise our concerns regarding the conditions of detention of Ms. Chow Hang-Tung. The allegation that she was denied access to a computer to prepare her own defence raise concerns about her right to adequate time and facilities for the preparation of her defence, as enshrined in article 14(3)(b) ICCPR.
The allegation that she was denied access to certain books also raises concerns about her right to freedom of opinion and expression, which includes the right to seek and receive information of all kind, as enshrined in article 19(2) ICCPR. Importantly, the allegation that she was regularly kept in solitary confinement, in apparent retaliation for her actions or public expressions raises our utmost concerns regarding her freedom of opinion and expression, as protected under article 19 of the UDHR and ICCPR. Such repeated periods of solitary confinement may amount to torture, cruel, inhuman or degrading treatment, in violation of the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, the Convention Against Torture as well as the Nelson Mandela Rules.
