Amendment allows Government to impose punitive conditions on people who have not been convicted of any crime

‘The overly broad definition of national security …. is now being weaponised to further isolate those already behind bars’ - Fernando Cheung

Today, the Hong Kong government introduced immediate changes to the Prison Rules, granting the Correctional Services Department broad powers to restrict prisoners’ visits and meetings with lawyers - citing vague grounds such as safeguarding national security.

In response, Fernando Cheung, Amnesty International Hong Kong Overseas’ spokesperson, said:

“The latest prison rule amendments grant Correctional Services Department sweeping powers to ban visits on vague ‘national security’ grounds.

“This represents a dangerous erosion of the right of detainees to communicate with the outside world and to receive visits from family, friends, and lawyers.

“These changes strike at the heart of fair trial rights. When authorities can restrict lawyer visits citing national security, they're effectively denying detainees the right to call upon legal assistance of their own choosing, as well as adequate time and facilities to prepare their defence and to communicate with counsel of their own choosing.

“The Hong Kong government is undermining guarantees under international law by cancelling the policy that allowed remand detainees to receive meals and clothing from outside sources.

“In the context of national security cases, where most defendants are denied bail and held in prolonged pre-trial detention, this amendment allows the Government to impose punitive conditions on individuals who have not been convicted of any crime.

“The overly broad definition of national security introduced through the Beijing imposed National Security Law is now being weaponised to further isolate those already behind bars.”

Further crushing of people’s rights

This amendment undermines protection guaranteed under the International Covenant on Civil and Political Rights.

On the fifth anniversary of the National Security Law’s enactment last month, Amnesty published research revealing that more than 80% of people convicted under the law have been wrongly criminalised and should never have been charged in the first place.