We can’t pander to China. Hong Kong Australians need us to speak up for them

As Australia hosts China’s Premier Li this week, Prime Minister Anthony Albanese has said the visit is an “opportunity for Australia to advance our interests by demonstrating our national values” and that “Australia continues to pursue a stable and direct relationship with China, with dialogue at its core”.

The visit is indeed an important moment to raise three core Australian values: democracy, human rights and press freedom. And the prime minister should take the opportunity to highlight how quickly these values are vanishing in Hong Kong, home to one of the largest Australian communities abroad: 100,000 Australians live there.

A protester holds a placard ahead of a visit by Chinese Premier Li Qiang to Adelaide Zoo as part of a four-day Australian visit.Credit: AP

In the lead-up to this landmark visit, increasingly brazen steps have been taken to crack down on freedoms in Hong Kong. New, draconian national security laws have been introduced despite significant human rights concerns raised by the UN. Peaceful protesters, as well as booksellers, journalists and children’s book authors have been arrested and prosecuted. Fourteen pro-democracy activists have been convicted of “subversion” for peacefully participating in political activities. Even singing a protest song, Glory to Hong Kong, can now result in prosecution.

The prime minister and the foreign minister should raise one particular emblematic case: our client, the media owner and pro-democracy activist, Jimmy Lai, who has been imprisoned since December 2020 under the sweeping National Security Law. Lai was one of Hong Kong’s most successful businessmen and his newspaper, Apple Daily, was Hong Kong’s most popular Chinese language newspaper. Apple Daily was forced to close in 2021. Amnesty International described it as “the blackest day” for media freedom in Hong Kong.

At 76, Lai is Hong Kong’s oldest and most high-profile political prisoner. He is currently on trial and is in solitary confinement. He could spend the rest of his life in prison for his pro-democracy writing and campaigning. In recognition of the political persecution he has faced, he has been nominated for the Nobel Peace Prize.

Foreign Minister Penny Wong, South Australian Premier Peter Malinauskas and Chinese Premier Li Qiang during a visit to view giant panda Wang Wang.Credit: The Sydney Morning Herald

The British and US governments, the European Parliament, the Canadian parliament and six UN experts have all called for Lai’s immediate and unconditional release. Australia should join them.

As these governments, parliaments and experts recognise, this is not just about Jimmy Lai. From our media defence work around the world, the targeting of Lai is one of the worst we have seen. The clear message to all media and journalists in the region is stay silent, or you’ll be next. Beijing continually says press freedom is “respected and protected” but Lai’s case shows otherwise. As does the fact Hong Kong’s prisons now hold 1800 political prisoners – journalists, lawyers, pro-democracy campaigners, parliamentarians who dared to speak out. Little wonder that, according to Reporters Without Borders, Hong Kong has plummeted from number 18 to 140 on the global press freedom index. It now sits alongside countries such as South Sudan and Syria.

Lai’s case is emblematic of the crackdown on free speech, democracy and the rule of law in Hong Kong, which is also affecting Australians. Just last month, 14 democracy activists were convicted under the national security law, including an Australian citizen. As part of the crackdown, Hong Kong has issued “bounties” for the arrest of high-profile activists living in exile, including for former legislator Ted Hui and lawyer Kevin Yam, who is also an Australian citizen. Both live in Australia.

Australia has a large Hong Kong community: around 86,000 people born in Hong Kong now call Australia home. This growing transnational repression threat makes it all the more important that Australia raises it.

There are also promising signs for opportunity for real dialogue on these issues. During his visit to New Zealand, Li made his intentions clear, saying it is “natural that we don’t always see eye to eye but such differences should not become a chasm that blocks exchanges and co-operation between us”.

Australia must raise free speech and democracy in Hong Kong and call for the release of Jimmy Lai and all journalists and pro-democracy campaigners.

Caoilfhionn Gallagher KC is an international human rights lawyer and lead counsel for Jimmy Lai. Jennifer Robinson is an Australian barrister working in London and a member of Jimmy Lai’s international legal team.

Caoilfhionn Gallagher will appear at the National Press Club in Canberra on Monday, July 1 with Jimmy’s son, Sebastien Lai, to discuss the trial, press freedom and democracy in Hong Kong.