Deborah O'Neill (NSW, Australian Labor Party) Share this | Hansard source

Democracy and the rule of law are precious elements that enable and preserve the form of government that we Australians and all citizens of free nations hold dear. It's this commitment to fundamental freedoms that has driven me today to join with my colleague Senator Sharma in calling out Hong Kong's widespread application of the national security laws to repress civil society and prosecute journalists, including Jimmy Lai, as a matter of public importance. Today, concerningly, we have reports—indeed, from Hong Kong—that dozens of prominent pro-democracy activists will be jailed for up to a decade in the territory's biggest ever national security case, including an Australian citizen, Mr Gordon Ng.

Hong Kong possesses a long and complex political history with varying forms of governance and authority. But, within that experience, a yearning has developed for self-rule and an expectation that all will be treated fairly. At one point not so very long ago, Hong Kong represented a robust civil society that contained respect for a variety of opinions, faiths, languages, persuasions and political perspectives. In 2002, when the World Press Freedom Index by Reporters Without Borders launched, Hong Kong ranked 18th in the world. Now it sits at 135th out of 180 jurisdictions. Hong Kong's once lively press that epitomised its active civil discourse has since been muzzled by two national security laws and a revival of a colonial-era charge of sedition. I call out these developments with regret and with a particular fear that this intense deterrence has created a culture of self-censorship and appeasement.

On 3 July this year, I met with Sebastian Lai, who shared with me and others in this place his fear, sadness and hope for his father, Jimmy Lai. Jimmy Lai is currently being held in solitary confinement in a maximum-security prison on spurious charges. His story started when he stowed away on a boat to safety in Hong Kong and began an entrepreneurial career in the fashion industry, before founding the pro-democracy publication Apple Daily. Apple Daily is a seemingly unlikely vestige of defiance. While it used to sit in the newsstands alongside other, more refined, publications, its tabloid-infused criticism of the government stood alone in the world in the end. After being raided by no fewer than 200 representatives of the state and forcibly shut down in June 2021, its final edition reached a record circulation of one million copies—10 times the amount usually sold. The final issue's popularity offered a tacit protest against the growing authoritarianism dominating the region and a sombre reminder of the Hong Kong that once was.

Jimmy Lai has been a leading figure in the pro-democracy movement, and an advocate for peaceful assembly and the right to expression. Because of his courage, Jimmy Lai was first arrested in August 2020, and he has since been continuously detained in custody since December of that year. He is also currently having his rights denied as a Catholic. As a fellow Catholic, I note he is being denied the sacrament of Holy Communion. He's accused of communicating with foreign forces—foreign forces such as Australia and Europe—in advocating for the suspension of extradition treaties and calling out human rights abuses, acts that many others would simply refer to as journalism. Jimmy Lai is now looking at being wrongfully detained and sentenced to prison for the rest of his life. I think it is appropriate for this parliament to join with the United Nations, the United Kingdom and the US in calling for the repeal of the national security law and for Mr Lai to be reunited with his family.

The UN Working Group on Arbitrary Detention on Friday 15 November published its opinion that Jimmy Lai is being unlawfully and arbitrarily detained. The rule of law, media freedom and human rights is being eroded and undermined in Hong Kong. The world is watching.