In Hong Kong's increasingly severe political environment, vulnerable groups are facing a greater risk of torture. Although Hong Kong established a torture clause as early as 1993, it has never been used so far, and the clause has become a dead letter. With the implementation of the National Security Law, political oppression has intensified, and the risk of torture in police abuse of power, prison detention and immigration detention has also been rising. Recently, the Hong Kong Human Rights Information Center, composed of Hong Kong human rights workers, released a report pointing out that the Hong Kong authorities not only failed to prosecute torture cases in accordance with the law, but also failed to submit a report on the Convention against Torture to the United Nations since 2019, attempting to evade international supervision. The report calls on the United Nations and the international community to take action to curb the continued deterioration of the human rights situation in Hong Kong.

Rising risk of torture: the crime of torture is a mere formality

According to the report of the Hong Kong Human Rights Information Center, since the National Security Law and the reform of the electoral system, Hong Kong's democratic representatives, civil society and freedom of speech have been severely suppressed, the public's supervision of the government's public power has been increasingly restricted, and the risk of torture has continued to rise. The report pointed out that Hong Kong has established the crime of torture for more than 30 years, but the authorities have never used this crime to punish relevant personnel. Even in cases that clearly meet the definition of torture, the Department of Justice still chooses to charge with lesser charges. In one case mentioned in the report, the judge explicitly used the word "torture" three times to describe the behavior of the police, but the relevant personnel were ultimately only charged with "misconduct in public office" and minor assault, with maximum penalties of 7 years and 3 years respectively, which is far lower than the life imprisonment for torture.

Increased pre-trial detention: justice is damaged, surrender and confession

The report also revealed another problem - the long pre-trial detention time caused many defendants to choose to plead guilty due to long-term detention, which violated the principle of judicial justice. In the past decade, the number of people remanded in prison has increased significantly, from 1,561 in 2014 to 3,514 in 2024. In the first half of 2024, the number of people remanded in prison accounted for 38% of the number of prisoners. This phenomenon seriously affected the defendant's right to defense and the fair trial of the case.

Hong Kong government has not submitted a UN report for five years: evading international supervision

In 2016, the Committee of the Convention against Torture recommended that the Hong Kong and Chinese governments strengthen torture prevention measures and submit the sixth periodic report by the end of 2019 to demonstrate progress in implementation. However, five years later, the Hong Kong government has not fulfilled this obligation. The Hong Kong Human Rights Information Center condemned this practice as "hypocritical and shameful" and urged the United Nations to review the situation in Hong Kong without a national report and fulfill its supervisory responsibilities. A spokesperson for the center said that the undisclosed torture incidents "are likely to be just the tip of the iceberg" and that Hong Kong is in urgent need of an effective independent complaint mechanism to curb the spread of abuse of power.

Appeal to the international community: Strengthen human rights protection and promote civil society participation

In view of the deteriorating human rights situation in Hong Kong, the Hong Kong Human Rights Information Center issued an urgent appeal to the United Nations human rights mechanism and the international community, suggesting that more extensive supervision be implemented under the United Nations human rights mechanism, including inviting representatives of Hong Kong civil society, including diaspora communities, to participate in the review process. The center pointed out that the United Nations must strengthen protection measures for civil society and provide anti-retaliation protection training to ensure that its representatives can speak safely.

The center also called on countries to take human rights due diligence measures and strengthen transnational human rights monitoring of Hong Kong and China, especially to investigate and sanction human rights violations such as torture and persecution. Specific recommendations include ending the supply of goods, technologies and services that may contribute to human rights violations to Hong Kong, and ensuring that human rights are not suppressed by government power or unofficial means.

Systemic challenges behind torture: no way to appeal and the spread of abuse of power

The report pointed out that Hong Kong's current complaint mechanism is ineffective in the face of torture and abuse of power, and it is difficult for vulnerable groups to obtain fair treatment. Abuse of power is common in law enforcement agencies and detention facilities, especially in the context of strict suppression of civil society, the risk of torture and inhumane treatment is particularly prominent. The report emphasizes that without strengthening international supervision and the independent right of appeal of civil society, torture will be difficult to curb.

The responsibility of the international community and the heavy responsibility of civil society

As the human rights situation in Hong Kong deteriorates, the risk of torture is gradually increasing in the absence of a legal system. The report of the Hong Kong Human Rights Information Center warns the international community and calls on the United Nations and countries to intervene and conduct independent investigations and supervision of human rights violations in Hong Kong. The report hopes that the active participation of the international community can push the Hong Kong government to establish an independent complaint mechanism to curb abuse of power and protect vulnerable groups, and ensure that justice is not swallowed up by political repression.

The improvement of the human rights situation in Hong Kong is inseparable from the joint efforts of the international community. Only through multi-party collaboration can we fight for the basic rights of victims and prevent human rights dignity from becoming a victim of political games.