The Committee was deeply concerned about the overly broad interpretation of Hong Kong’s National Security Law (NSL), which was passed by the National People’s Congress of China without consultation with the Hong Kong public. Since its enactment in 2020, the NSL has reportedly led to the arrests of over 200 people, including 12 children. The Committee underscored the shortcomings of the NSL, including the lack of clarity of “national security” and the possibility of transferring cases from Hong Kong to mainland China, which is not a State party to the Covenant, for investigation, prosecution, trial and execution of penalties. The Committee urged Hong Kong to take action to repeal the National Security Law and, in the meantime, refrain from applying it.
The Committee also raised concern about the excessive number of civil society organizations, such as trade unions and student unions, which have relocated or ceased to operate since the enactment of the NSL. It regretted that the Hong Kong government had not provided explicit assurances that civil society and their representatives engaging with the Committee in this review would be protected from charges under the NSL. The Committee requested that Hong Kong refrain from taking any action that could curb the freedom of association and ensure that members of civil society will not be prosecuted under the NSL for their participation in the current review.
Macao – China
The Committee expressed concern that several peaceful assemblies had been banned by the authorities because they were deemed to be promoting “purposes contrary to the law”. The Committee also questioned the use of recording devices by the police during other demonstrations and the risk of those recordings being misused. It asked Macao to ensure that any restrictions imposed on assemblies should comply with the strict requirements set out in the Covenant, and clarify the definition of “for purposes contrary to the law”.
The Committee noted with concern that recruitment agencies continue to charge migrant domestic workers excessive agency fees and that the Law on the Minimum Wage for Workers does not apply to non-resident domestic workers. It recommended that Macao take action to enhance the protection of migrant workers, especially migrant domestic workers, by providing effective complaint mechanisms to report abuse and exploitation.
Georgia
The Committee was concerned about the lack of transparency in the procedure for the selection and appointment of judges as well as the concentration of powers within the High Council of Justice. It asked Georgia to safeguard the full independence, impartiality and safety of judges and prosecutors and prevent them from being influenced in their decision-making by political pressure. It also urged the State party to prevent and sanction any abuse of powers granted to the High Council of Justice.