Tiananmen’s Zhou Fengsuo and the Hong Kong democracy movement’s Nathan Law: Always looking behind

This article first appeared in volume 53, issue 1 of Index on Censorship, The long reach: How authoritarian countries are silencing critics abroad, which was published in April 2024.

Zhou Fengsuo, Tiananmen protest leader, and Nathan Law, one of the faces of Hong Kong’s democracy movement, are high-profile and not afforded anonymity, something which means they are doubly exposed through being so recognised. But their fame can shield them to an extent too. Other overseas targets of Beijing who are less well-known can be just as ruthlessly pursued without an international community having their back. Ultimately their stories, which overlap, speak of just what dissidents suffer and often suffer silently.

Zhou Fengsuo

I was a student leader in Tiananmen because I wanted to do my duty for the country. I was proud of what I did, knowing that I had done so much to help facilitate the movement for a peaceful transition of China into a freer and more democratic China. But for this I was put on the most wanted list after the massacre. I was in position number five. From then on my life took on a different tune. I was arrested and put in a high-security jail in Beijing for a year and had my passport denied for five years. As soon as I got it I left China for the USA. It was January 1995.

The transition to the USA was not problem free, even from the start. I went to business school and got an MBA with honours and became a financial professional. Initially I was very relaxed but soon I realised I was very isolated from the ordinary Chinese community here. It seemed I bore a mark on my head wherever I went. People didn’t want to get close to me. Worse still, employers avoided me. Most of my friends at business school who were from China got jobs easily, but I couldn’t, even though my grades were really good. Wall Street banks were very concerned about the political risks of socialising with people like me. I was told by a Human Resources manager that the most high-profile female leader from 1989 Chai Ling was denied a job opportunity in New York because the Chairman of the Asian branch of the investment bank that offered her a job objected vehemently.

There was one incident that happened when I was in business school that also really alarmed me. In the spring of 1998 I met Wang Bingzhang, the most famous Chinese dissident. A few months later my family called and mentioned this meeting. They knew about it and what we’d talked about. Wang, who has been serving life in prison in China since 2002, must have been monitored. So it was a warning to me. The MSS [China’s Ministry of State Security) was telling me that even though I was in the USA they could still keep a close eye.

Still, I was largely oblivious to safety concerns in the early days and I continued my activism, including cofounding my own humanitarian organisation to support political prisoners in China.

The worst moment for me was in 2008. That year, when the Beijing Olympics happened, was the peak of China business. In San Francisco when the Olympic torch was passing by, we were beaten very brutally by CCP supporters. It was probably the largest gathering of CCP supporters on US soil ever – there were over 100,000 supporters, compared to just a handful of us protesters – and they really attacked us physically. I asked police to protect us, but they just shrugged and watched. This was the worst moment. I was surrounded by so many angry, impassioned CCP supporters. I believe they were ready to kill us. Their hatred of people like us was visceral. My friend Guo Ping was bleeding from an attack on the back of his head that could have been fatal.

Later I called all the major papers and TV stations in the United States about it but nobody responded.

Since Xi Jinping came to power it has become way more aggressive both on the ground and online. Even though I didn’t experience anything like what happened in 2008 again, I have known many attacks here, especially the attacks on the Hong Kong community in 2019. They were very extensive and well-organised. I wasn’t at the protests in San Francisco last November when Xi visited for the APEC summit. Once again protesters were attacked by CCP followers. Once again we published a report on it because we knew it wouldn’t otherwise be covered.

In 2018, after I organised a protest against Xi as leader for life, someone came to my house and used a big camera to take pictures, knowing I was inside. I realised this was a warning and also they are not trying to hide at all. It’s much more brazen and well-organised. Xi Jinping’s message is to go strong and to go after critics aboard.

They have become very sophisticated in how they threaten us. They gather all information on us that they can from publicly available sources. We know our organisation has everything closely examined by CCP. They scooped up all my personal information online too and organised a massive slandering and intimidation campaign against me on social media. My organisation’s public filings were used to harass us and to disrupt our work.

I even heard from a good source who was told the CCP would use US law and the US legal system to go after them. In FBI reported cases of the CCP spying on dissidents, tax records are often sought as a way to intimidate and coerce people and organisations.

Since 2020 US law enforcement has started to take action against those perpetrators of transnational repression and Congress is more aware too. But overall the CCP’s influence remains strong and pervasive in all areas of life. We will not be daunted. We will fight to be free, not to be silenced by fear.

Nathan Law

In June 2020, I made the difficult decision to leave Hong Kong. As a former protest leader and legislator, my outspoken criticism of Beijing had effectively painted a target on my back. The ramification of being a high-profile dissident became clear in August when the Hong Kong police, enforcing the draconian national security law newly imposed, issued arrest warrants for six democracy activists living abroad, myself included. The situation escalated in July 2023, when a bounty of 1 million Hong Kong dollars was placed on me, underscoring the lengths to which Beijing is willing to go to silence its critics beyond its borders. This pursuit is a testament to the concept of transnational repression, where authoritarian regimes extend their reach across the globe to target dissidents.

I was granted asylum in the United Kingdom in April 2021, but the threats from the Chinese Communist Party loomed large. I moved four times in the first year, living a discrete life, and had to be aware of my surroundings constantly to avoid tailing. The extended reach of the CCP was further highlighted when a UK-based anonymous group of Chinese overseas offered a reward for information about my whereabouts. I was not sure whether anyone offered them any intelligence – but the fact that they are so blatantly threatening exiled activists shows the CCP’s arrogance and aggression. As a result, I was always in doubt when connecting with new individuals because they could approach me with ulterior motives.

The repercussions of my activism were not limited to just myself. To frighten me, my family was subjected to interrogation by the Hong Kong police under false pretences of supporting my work financially. This baseless harassment aimed to inflict guilt and fear, leveraging collateral damage to the well-being of my loved ones. They were extremely bothered and scared. Friends in Hong Kong who were close to them told me this in secret.

The threats extend into the digital realm, where Beijing’s vast online propaganda machine orchestrates campaigns of vilification against its critics. Death threats and doxxing are part of the harassment I face, a constant reminder of the risks that come with dissent.

Escaping the grasp of an authoritarian regime is just the beginning of an ongoing struggle for freedom. The incidents of transnational repression are a reminder that the fight against autocracy doesn’t end at the border. It’s imperative for host countries of political refugees to recognise the sophisticated tactics of authoritarian regimes and ensure the safety of exiled activists. Their continued activism is vital, not just for their home countries, but as a beacon for democratic values worldwide.

Nathan Law attends a candle-lit vigil organised outside the Chinese Embassy in London in memory of those who died in the 1989 Tiananmen Massacre.
Photo by SOPA Images Limited/Alamy

 

Jimmy Lai’s “co-conspirators” speak out after being named in Hong Kong trial

The desperation with which the Hong Kong authorities and, by extension, the Chinese Communist Party are trying to stifle criticism has reached new levels this week, with fresh developments in the trial of publisher Jimmy Lai.

The 76-year-old Hong Kong-British businessman and publisher has been detained since December 2020. His assets were frozen in May 2021 and his publication Apple Daily was forced to close in June the same year. He has been in prison ever since.

On 18 December 2023, Lai’s long-delayed trial on charges of sedition and collusion with foreign forces began. Lai pleaded not guilty.

Earlier this week, the prosecution presented a list of people they termed as Lai’s co-conspirators.

Among Lai’s alleged co-conspirators are Bill Browder, founder of the Global Magnitsky Justice Campaign and Benedict Rogers, founder of Hong Kong Watch, along with James Cunningham, former US consul general in Hong Kong and chairman of the Committee for Freedom in Hong Kong Foundation and Luke de Pulford, executive director of the Inter-Parliamentary Alliance on China (IPAC).

Browder and Rogers have dismissed the allegations against them.

Browder told Index this week, “I have never met or spoken to Jimmy Lai and for them to accuse me of being a co-conspirator with him or him with me is a total fabrication. It is just an indication of how illegitimate and trumped up the changes are against Jimmy Lai.”

Browder said that the charges are an indication of how China is “trying to take its authoritarian oppression international by going after people like me who have not set foot in China for 35 years”.

Benedict Rogers told Index that Lai is being punished for “daring to publish stories and opinions which Beijing dislikes; the crime of conspiracy to talk about politics to politicians; and conspiracy to raise human rights concerns with human rights organisations”.

He said, “Jimmy Lai is, as the head of his international legal team Caoilfhionn Gallagher KC puts it so brilliantly, charged with the crime of conspiracy to commit journalism.”

Rogers said his supposed conspiracy with Lai is nothing more than journalism.

“Citing a message from Mr Lai to me, requesting me to ask whether the last governor of Hong Kong Lord Patten would provide a comment to journalists from his newspaper, as evidence of a crime signals that the normal, legitimate, day-to-day work of journalists in Hong Kong is no longer possible. Journalism is not a crime, but in Hong Kong it now is,” he said.

Despite the flimsy nature of the charges against the alleged co-conspirators, Browder said his naming along with others in the court case is “a very real threat”.

“The Hong Kong authorities have come up with the national security law and are saying that Jimmy Lai has conspired with others to violate that law and there are criminal punishments. I can imagine a scenario in which the authorities decide to issue Interpol Red Notices against me, Benedict Rogers, Luke de Pulford and others and request assistance. This is what dictators and authoritarian governments do,” he said.

Browder is no stranger to being singled out by authoritarian regimes abusing the Interpol system.

Browder, through his Hermitage Capital Management fund, was once the largest foreign investor in Russia. In 2005, Browder was denied entry to the country and labelled as a threat to national security for exposing corruption in Russia.

Three years later, Browder’s lawyer Sergei Magnitsky uncovered a $230 million fraud involving government officials and was arrested, thrown in jail without trial and kept in horrendous conditions. A year later, Magnitsky died.

Browder has since led the Global Magnitsky Justice Campaign which seeks to impose targeted visa bans and asset freezes on human rights abusers and highly corrupt officials.

In the time since, Russia has called on Interpol eight times to issue red notices against Browder.

“Interpol has for a long time been the long arm of dictators to pursue their critics and opposition politicians. I have been a poster child of that in relation to Russia. We know that China and other countries, such as Iran and Saudi Arabia, regularly abuse Interpol and Interpol doesn’t seem to have the controls and mechanisms in place for weeding out these illegitimate red notices,” he said.

As a result of Russia’s use of Interpol’s red notices, Browder said that it has closed off 95% of the world for him and that little will change if Hong Kong goes down the same route.

“It won’t change anything for me but will change things for all other people who have been named,” he said.

Browder said the case against Lai is abusive and he should be released immediately, adding: “This needs a robust response from the British Government. You can’t have a bunch of British citizens being threatened for nothing other than expressing their political opinions.”

Before Christmas, the recently appointed foreign secretary and former prime minister David Cameron called on Hong Kong to release Lai. Cameron said in a statement, “Hong Kong’s national security law is a clear breach of the Sino-British joint declaration. Its continued existence and use is a demonstration of China breaking its international commitments.”

Asked whether the new foreign secretary, who has a record of striving for a closer relationship with China from his previous time in office, would be the person to provide that robust response, Browder said: “I think we are living in a different world vis a vis China and I am confident he will do the right thing here.”

“For Hong Kong, may freedom reign”

Index has a proud history of providing a platform for dissidents, we exist to protect and promote the concept of freedom of expression not just as a fundamental human right, which it is, but also as the ultimate right in a democratic society. The creation of art, journalism, comedy, academia, plays, poetry, novels and even placards. These are the ultimate expressions of a free society and for those of us who are able to celebrate our own freedoms it is something we should cherish.

However in recent days we have been once again reminded of how quickly repression and dogma can overwhelm a notionally free society and how tyrants seek to not only control their own citizens at home but also to undermine their freedoms when they have escaped the boundaries of their former home nations.

This week’s case in point is China and Xi Jinping’s CCP. This has been yet another awful week for the people of Hong Kong and the global diaspora, especially those who seek to speak out against Xi’s rule. Under the guise of the National Security Law the Hong Kong Police Force has issued arrest warrants for eight political dissidents who live in democratic societies. Their ‘crime’ was to challenge the CCP’s efforts to end the One Nation, Two Systems constitutional settlement, which had been granted to Hong Kong when British sovereignty ceased to apply to the territory in 1997. In other words they sought to protect the democratic society that they had built in Hong Kong.  (Read what two of the UK-based activists had to say here.)

Each of them has had to flee their homes in Hong Kong, leave their lives and their loved ones behind in order to ensure their own liberty. They now live in exile with little likelihood that they will ever be able to return. But even that isn’t enough for the Chinese government.

It’s incredibly important that we know and celebrate the bravery of the dissidents who the Chinese Communist Party fear – they represent thousands of others, but today we must say their names.

Kevin Yam

Ted Hui

Nathan Law

Elmer Yuen

Dennis Kwok

Mung Siu-tat

Lau Cho-dik

Anna Kwok

We are lucky to live in a democratic society and therefore we have a responsibility to protect those who have had to free their repressive governments in order to speak out. They inspire us, so we must protect them.

The National Security Law is a disgrace and the worst example of a coordinated effort of transnational repression. But it’s not just the eight Hongkongers who the CCP seek to silence. It’s the rest of us too.

Last week Index hosted an evening of art and culture created and performed by Chinese dissidents. It was an incredible evening and an amazing success. However in the run up to the event our website was attacked and the webpage advertising the event was corrupted. It was the only part of our website to be affected. One of our artists, Badiucao, was threatened and advised to not attend and had to be accompanied throughout his visit to London. In recent months we have documented exactly what is happening to Chinese dissidents who seek to speak out against the CCP in Europe and you can read all of our work on our new website – while it’s still up!

This week my friend Lord Leong spoke in the UK Parliament about how the CCP was seeking to silence people. So do end my blog today I am going to leave you with his words:

In closing, I will quote the opening verse of “Glory to Hong Kong”. It has become the anthem of their struggle. Brave individuals in Hong Kong have been arrested and detained for singing it. The Chinese Government are trying to remove all traces of the lyrics online. I know that if I say them here, in this Chamber at the heart of the mother of Parliaments, these words will be forever recorded in Hansard. This will, I hope, encourage those brave souls, by demonstrating that their voices are being heard on the other side of the world despite Beijing’s attempts to silence them:

“We pledge: No more tears on our land,

In wrath, doubts dispelled we make our stand.

Arise! Ye who would not be slaves again:

For Hong Kong, may freedom reign!”

The international community must resist Hong Kong’s attempts to threaten human rights across the globe using the National Security Law

Index on Censorship is deeply alarmed by the reports that the Hong Kong Police Force have issued arrest warrants for eight pro-democracy activists living in exile in the UK, USA and Australia. According to the police force, all those targeted “are alleged to have continued to commit offences under the Hong Kong National Security Law that seriously endanger national security, including ‘incitement to secession’, ‘subversion’, ‘incitement to subversion’ and ‘collusion with a foreign country or with external elements to endanger national security’.” Index has long condemned the National Security Law as it has fundamentally criminalised dissent and “paralysed pro-independence and pro-democracy advocates in the city.”

Index further condemns the reward offered by the Hong Kong authorities of HK$1 million (£100,581) for information leading to their capture. By offering financial incentives to members of the public to report on these pro-democracy activists, the authorities are trying to turn society against itself to isolate those who have spoken out against China’s attack on human rights. This is especially damaging for those living in exile. Through the Banned By Beijing project, Index has documented how Chinese authorities – both in Hong Kong and mainland China – have threatened those who have fled to Europe, targeting their ability to work, express themselves, seek education, or continue advocating for human rights back home in China. 

The extraterritorial reach of the National Security Law explicitly targets those who have fled due to their work defending democracy. The US Government highlighted this specific issue in their statement responding to the warrants, stating that “the extraterritorial application of the Beijing-imposed National Security Law is a dangerous precedent that threatens the human rights and fundamental freedoms of people all over the world.” All states must ensure they can respond robustly to all threats of transnational repression. This was highlighted in an exhibition launched by Index last week in London to mark the third anniversary of the enactment of Hong Kong’s National Security Law, which featured Badiucao, a Chinese-Australian artist and human rights defender; Lumli Lumlong, a husband and wife painting duo; and leading Uyghur campaigner, Rahima Mahmut.

All countries must stand firm to their commitment to ensure that all those targeted by these warrants and the National Security Law are protected from transnational threats wherever they are. 

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