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China (Includes Hong Kong, Macau, and Tibet)

Read A Section: China

Hong Kong | Macau | Tibet

EXECUTIVE SUMMARY

The People’s Republic of China is an authoritarian state in which the Chinese Communist Party is the paramount authority. Communist Party members hold almost all top government and security apparatus positions. Ultimate authority rests with the Communist Party Central Committee’s 25-member Political Bureau (Politburo) and its seven-member Standing Committee. Xi Jinping continued to hold the three most powerful positions as party general secretary, state president, and chairman of the Central Military Commission.

The main domestic security agencies include the Ministry of State Security, the Ministry of Public Security, and the People’s Armed Police. The People’s Armed Police continue to be under the dual authority of the Central Committee of the Communist Party and the Central Military Commission. The People’s Liberation Army is primarily responsible for external security but also has some domestic security responsibilities. Local jurisdictions also frequently use civilian municipal security forces, known as “urban management” officials, to enforce administrative measures. Civilian authorities maintained effective control of the security forces. Members of the security forces committed serious and pervasive abuses.

Genocide and crimes against humanity occurred during the year against the predominantly Muslim Uyghurs and other ethnic and religious minority groups in Xinjiang. These crimes were continuing and include: the arbitrary imprisonment or other severe deprivation of physical liberty of more than one million civilians; forced sterilization, coerced abortions, and more restrictive application of China’s birth control policies; rape; torture of a large number of those arbitrarily detained; forced labor; and the imposition of draconian restrictions on freedom of religion or belief, freedom of expression, and freedom of movement.

Significant human rights issues included: arbitrary or unlawful killings by the government; forced disappearances by the government; torture by the government; harsh and life-threatening prison and detention conditions; arbitrary detention by the government, including the mass detention of more than one million Uyghurs and other members of predominantly Muslim minority groups in extrajudicial internment camps and an additional two million subjected to daytime-only “re-education” training; political prisoners; politically motivated reprisal against individuals outside the country; the lack of an independent judiciary and Communist Party control over the judicial and legal system; arbitrary interference with privacy; pervasive and intrusive technical surveillance and monitoring; serious restrictions on free expression, the press, and the internet, including physical attacks on and criminal prosecution of journalists, lawyers, writers, bloggers, dissidents, petitioners, and others as well as their family members, and censorship and site blocking; interference with the rights of peaceful assembly and freedom of association, including overly restrictive laws that apply to foreign and domestic nongovernmental organizations; severe restrictions and suppression of religious freedom; substantial restrictions on freedom of movement; refoulement of asylum seekers to North Korea, where they have a well founded fear of persecution; the inability of citizens to choose their government; restrictions on political participation; serious acts of corruption; forced sterilization and coerced abortions; forced labor and trafficking in persons; severe restrictions on labor rights, including a ban on workers organizing or joining unions of their own choosing; and child labor.

Government officials and the security services often committed human rights abuses with impunity. Authorities often announced investigations following cases of reported killings by police but did not announce results or findings of police malfeasance or disciplinary action.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

e. Denial of Fair Public Trial

Although the law states the courts shall exercise judicial power independently, without interference from administrative organs, social organizations, and individuals, the judiciary did not exercise judicial power independently. Judges regularly received political guidance on pending cases, including instructions on how to rule, from both the government and the CCP, particularly in politically sensitive cases. The CCP Central Political and Legal Affairs Commission have the authority to review and direct court operations at all levels of the judiciary. All judicial and procuratorate appointments require approval by the CCP Organization Department.

Corruption often influenced court decisions, since safeguards against judicial corruption were vague and poorly enforced. Local governments appointed and paid local court judges and, as a result, often exerted influence over the rulings of those judges.

A CCP-controlled committee decided most major cases, and the duty of trial and appellate court judges was to craft a legal justification for the committee’s decision.

Courts are not authorized to rule on the constitutionality of legislation. The law permits organizations or individuals to question the constitutionality of laws and regulations, but a constitutional challenge may be directed only to the promulgating legislative body. Lawyers had little or no opportunity to rely on constitutional claims in litigation.

Media sources indicated public security authorities used televised confessions of lawyers, foreign and domestic bloggers, journalists, and business executives in an attempt to establish guilt before their criminal trial proceedings began. In some cases these confessions were likely a precondition for release. NGOs asserted such statements were likely coerced, perhaps by torture, and some detainees who confessed recanted upon release and confirmed their confessions had been coerced. No provision in the law allows the pretrial broadcast of confessions by criminal suspects.

In July the United Kingdom broadcasting regulator found in its formal investigation that China Global Television Network, the international news channel of China Central Television, broadcast in 2013 and 2014 a confession forced from a British private investigator imprisoned in China. China Global Television Network faced potential statutory sanctions in the United Kingdom. “Judicial independence” remained one of the subjects the CCP reportedly ordered university professors not to discuss (see section 2.a., Academic Freedom and Cultural Events).

“Judicial independence” remained one of the subjects the CCP reportedly ordered university professors not to discuss (see section 2.a., Academic Freedom and Cultural Events).

Trial Procedures

Although the law reaffirms the presumption of innocence, the criminal justice system remained biased toward a presumption of guilt, especially in high-profile or politically sensitive cases.

Courts often punished defendants who refused to acknowledge guilt with harsher sentences than those who confessed. The appeals process rarely reversed convictions, and it failed to provide sufficient avenues for review; remedies for violations of defendants’ rights were inadequate.

Regulations of the Supreme People’s Court require trials to be open to the public, with the exception of cases involving state secrets, privacy issues, minors, or on the application of a party to the proceedings, commercial secrets. Authorities used the state secrets provision to keep politically sensitive proceedings closed to the public, sometimes even to family members, and to withhold a defendant’s access to defense counsel. Court regulations state foreigners with valid identification should be allowed to observe trials under the same criteria as citizens, but in practice foreigners were permitted to attend court proceedings only by invitation. As in past years, authorities barred foreign diplomats and journalists from attending several trials. In some instances authorities reclassified trials as “state secrets” cases or otherwise closed them to the public.

Regulations require the release of court judgments online and stipulate court officials should release judgments, with the exception of those involving state secrets and juvenile suspects, within seven days of their adoption. Courts did not post all judgments. They had wide discretion not to post if they found posting the judgment could be considered “inappropriate.” Many political cases did not have judgments posted.

Individuals facing administrative detention do not have the right to seek legal counsel. Criminal defendants are eligible for legal assistance, but the vast majority of criminal defendants went to trial without a lawyer.

Lawyers are required to be members of the CCP-controlled All China Lawyers Association, and the Ministry of Justice requires all lawyers to pledge their loyalty to the leadership of the CCP upon issuance or annual renewal of their license to practice law. The CCP continued to require law firms with three or more party members to form a CCP unit within the firm.

Despite the government’s stated efforts to improve lawyers’ access to their clients, in 2017 the head of the All China Lawyers Association told China Youth Daily that defense attorneys had taken part in less than 30 percent of criminal cases. In particular, human rights lawyers reported authorities did not permit them to defend certain clients or threatened them with punishment if they chose to do so. Some lawyers declined to represent defendants in politically sensitive cases, and such defendants frequently found it difficult to find an attorney. In some instances authorities prevented defendant-selected attorneys from taking the case and instead appointed their own attorney.

The government suspended or revoked the business licenses or law licenses of some lawyers who took on sensitive cases, such as defending prodemocracy dissidents, house-church activists, Falun Gong practitioners, or government critics. Authorities used the annual licensing review process administered by the All China Lawyers Association to withhold or delay the renewal of professional lawyers’ licenses. In August the Hunan provincial justice department revoked the license for human rights lawyer Xie Yang for his 2017 conviction for “inciting subversion of state power.” Xie said the revocation did not follow proper administrative processes and the complaint against was without proper merits. Xie was a “709” detainee and restarted his law practice soon after his release from prison in 2017.

Other government tactics to intimidate or otherwise pressure human rights lawyers included unlawful detention, vague “investigations” of legal offices, disbarment, harassment and physical intimidation, and denial of access to evidence and to clients.

The law governing the legal profession criminalizes attorneys’ actions that “insult, defame, or threaten judicial officers,” “do not heed the court’s admonition,” or “severely disrupt courtroom order.” The law also criminalizes disclosing client or case information to media outlets or using protests, media, or other means to influence court decisions. Violators face fines and up to three years in prison.

Regulations also state detention center officials should either allow defense attorneys to meet suspects or defendants or explain why the meeting cannot be arranged at that time. The regulations specify that a meeting should be arranged within 48 hours. Procuratorates and courts should allow defense attorneys to access and read case files within three working days. The time and frequency of opportunities available for defense attorneys to read case files shall not be limited, according to the guidelines. In some sensitive cases, lawyers had no pretrial access to their clients and limited time to review evidence, and defendants and lawyers were not allowed to communicate with one another during trials. In contravention of the law, criminal defendants frequently were not assigned an attorney until a case was brought to court. The law stipulates the spoken and written language of criminal proceedings shall be conducted in the language common to the specific locality, with government interpreters providing language services for defendants not proficient in the local language. Observers noted trials were predominantly conducted in Mandarin Chinese, even in non-Mandarin-speaking areas, with interpreters provided for defendants who did not speak the language.

Mechanisms allowing defendants to confront their accusers were inadequate. Only a small percentage of trials reportedly involved witnesses. Judges retained significant discretion over whether live witness testimony was required or even allowed. In most criminal trials, prosecutors read witness statements, which neither the defendants nor their lawyers had an opportunity to rebut through cross-examination. Although the law states pretrial witness statements cannot serve as the sole basis for conviction, prosecutors relied heavily on such statements. Defense attorneys had no authority to compel witnesses to testify or to mandate discovery, although they could apply for access to government-held evidence relevant to their case.

In May labor activists Wu Guijun, Zhang Zhiru, He Yuancheng, Jian Hui, and Song Jiahui were released after being sentenced to suspended jail terms of two to four years in a closed-door trial. They were detained in January 2019 on the charge of “disrupting social order;” according to media Zhang and Wu were prevented from hiring lawyers.

In September, three public interest lawyers–Cheng Yuan, Liu Yongze, and Wu Gejianxiong, also known as the “Changsha Three”–were tried without notice to family or their lawyers on suspicion of “subversion of state power.” The lawyers worked for Changsha Funeng, an organization that litigated cases to end discrimination against persons with disabilities and carriers of HIV and hepatitis B. Cheng Yuan had also worked on antitorture programs, litigation to end the country’s one-child policy, and reform for household registration laws. The details of the trial and its outcome remained unknown as year’s end.

Civil Judicial Procedures and Remedies

Courts deciding civil matters faced the same limitations on judicial independence as criminal courts. The law provides administrative and judicial remedies for plaintiffs whose rights or interests government agencies or officials have infringed. The law also allows compensation for wrongful detention, mental trauma, or physical injuries inflicted by detention center or prison officials.

Although historically citizens seldom applied for state compensation because of the high cost of bringing lawsuits, low credibility of courts, and citizens’ general lack of awareness of the law, there were instances of courts overturning wrongful convictions. Official media reported that in October, Jin Zhehong was awarded 4.96 million renminbi ($739,000) in compensation for 23 years spent behind bars following an overturned conviction for intentional homicide. The Jilin High People’s Court in an appeal hearing ruled the evidence was insufficient to prove the initial conviction. Jin had originally applied for more than 22 million renminbi (three million dollars) in total compensation after he was freed.

The law provides for the right of an individual to petition the government for resolution of grievances. Most petitions address grievances regarding land, housing, entitlements, the environment, or corruption, and most petitioners sought to present their complaints at local “letters and visits” offices. The government reported approximately six million petitions were submitted every year; however, persons petitioning the government continued to face restrictions on their rights to assemble and raise grievances.

While the central government prohibits blocking or restricting “normal petitioning” and unlawfully detaining petitioners, official retaliation against petitioners continued. Regulations encourage handling all litigation-related petitions at the local level through local or provincial courts, reinforcing a system of incentives for local officials to prevent petitioners from raising complaints to higher levels. Local officials sent security personnel to Beijing to force petitioners to return to their home provinces to prevent them from filing complaints against local officials with the central government. Such detentions often went unrecorded and often resulted in brief periods of incarceration in extralegal “black jails.”

In September relatives of Guo Hongwei, a resident of Jilin City, visited him in prison and reported that Hongwei was physically abused, poorly fed, and suffering unfair mistreatment by prison authorities. He was first arrested and jailed in 2004 for engaging in an “economic dispute” with the Jilin Electronic Hospital. After his release, Hongwei complained to authorities regarding the “unjust treatment” he suffered from the courts and others involved in his case, and he petitioned officials to expunge his prison records and allow him to return to his previous employment. His father said Hongwei appealed his case for years after being released, but authorities ignored his request and at times violently beat Hongwei in their attempt to stop him from appealing, leaving him physically disabled and unable to walk. Despite severe harassment by Jilin security authorities, Hongwei continued to press his case with help from his mother. In 2015 Siping city police reportedly arrested Hongwei and his mother Yunling for “picking quarrels and provoking trouble” and “blackmailing the government.” Hongwei was sentenced to 13 years and Yunling to six years and four months in prison. After Yunling and Hongwei were imprisoned, Hongwei’s sister and Yunling’s daughter–Guo Hongying–began to appeal their cases to the authorities. After being detained in 2018, in April 2019 Hongying was sentenced to four years in prison for “picking quarrels and provoking trouble” and 18 months for “hindering public affairs.” Yunling was released at the end of 2019; Hongwei and Hongying remained in prison.

Section 4. Corruption and Lack of Transparency in Government

Although officials faced criminal penalties for corruption, the government and the CCP did not implement the law consistently or transparently. Corruption remained rampant, and many cases of corruption involved areas heavily regulated by the government, such as land-usage rights, real estate, mining, and infrastructure development, which were susceptible to fraud, bribery, and kickbacks. Court judgments often could not be enforced against powerful special entities, including government departments, state-owned enterprises, military personnel, and some members of the CCP.

Transparency International’s analysis indicated corruption remained a significant problem in the country. There were numerous reports of government corruption–and subsequent trials and sentences–during the year.

Under law the joint National Supervisory Commission-Central Commission for Discipline Inspection (NSC-CCDI) is charged with rooting out corruption, and its investigations may target any public official, including police, judges, and prosecutors; the commission can investigate and detain individuals connected to targeted public officials. The CCDI, the CCP’s internal discipline investigation unit that sits outside of the judicial system, essentially is vested with powers of the state and may conduct investigations against nonparty members. Rules governing NSC-CCDI investigations, operations, and detentions remained unclear.

As of the end of the year, a decision was pending in the appeal of Chen Hongwei, a lawyer in Kangping County in Liaoning Province. Chen sent a letter on May 2018 to the NSC-CCDI reporting that local officials were involved in corruption and violation of rules and laws. Immediately after the letter was sent, Chen reported that his and his family’s mobile phones were monitored and their bank records scrutinized by Kangping authorities. Chen was reportedly detained for approximately 101 days by the Shenyang Supervision Committee, which acted as the local branch of the NSC-CCDI. In December 2019 Chen was fined 800,000 renminbi ($120,000) and sentenced to 15 years in prison by the Liaozhong District Court for alleged corruption, bribery, and fraud, which Chen’s attorney–Zhang Jinwu–claimed as “groundless” accusations.

Corruption: In numerous cases government prosecutors investigated public officials and leaders of state-owned enterprises, who generally held high CCP ranks, for corruption.

While the tightly controlled state media apparatus publicized some notable corruption investigations, in general very few details were made public regarding the process by which CCP and government officials were investigated for corruption. In July the NSC-CCDI published a book for internal circulation detailing the “decadent” and “corrupt” lifestyle of Meng Hongwei, who was serving as the country’s first Interpol president in Lyon, France, while retaining his position as a former PRC Ministry of Public Security vice minister. In January, Meng was convicted of accepting bribes and sentenced to 13.5 years’ imprisonment. He disappeared in 2018 upon arriving in Beijing, taken into custody by “discipline authorities” for suspected corruption.

Financial Disclosure: A regulation requires officials in government agencies or state-owned enterprises at the county level or above to report their ownership of property, including that in their spouses’ or children’s names, as well as their families’ investments in financial assets and enterprises. The regulations do not require declarations be made public. Declarations are submitted to a higher administrative level and a human resource department. Punishments for not declaring information vary from training on the regulations, warning talks, and adjusting one’s work position to being relieved of one’s position. Regulations further state officials should report all income, including allowances, subsidies, and bonuses, as well as income from other jobs. Officials, their spouses, and the children who live with them also are required to report their real estate properties and financial investments, although these reports are not made public. They are required to report whether their children live abroad as well as the work status of their children and grandchildren (including those who live abroad). Officials are required to file reports annually and are required to report changes of personal status within 30 days.

Hong Kong

Read A Section: Hong Kong

China | Macau | Tibet

EXECUTIVE SUMMARY

Hong Kong is a Special Administrative Region of the People’s Republic of China. The 1984 Sino-British Joint Declaration and the Basic Law of the special administrative region specified that except in matters of defense and foreign affairs, Hong Kong would have a high degree of autonomy under the “one country, two systems” framework, but the Chinese Communist Party has systematically dismantled Hong Kong’s political freedoms and autonomy in violation of its international commitments. During the most recent elections, widely regarded by most nonpartisan local and international election observers as free and fair, in November 2019, pandemocratic candidates won control of 17 of 18 District Councils, although the government barred one opposition figure’s candidacy. The turnout, 71 percent of all registered voters, was a record for Hong Kong. In 2017 the 1,194-member Chief Executive Election Committee, dominated by proestablishment electors, selected Carrie Lam to be Hong Kong’s chief executive. In 2016 Hong Kong residents elected the 70 representatives who comprise Hong Kong’s Legislative Council. Voters directly elected 40 representatives, while limited-franchise constituencies elected the remaining 30. Legislative Council elections were scheduled to take place in September 2020, but Hong Kong authorities postponed them to September 2021, citing COVID-19 concerns. The National People’s Congress Standing Committee passed a resolution on November 11 disqualifying four standing pandemocratic Legislative Council members with immediate effect and no legal recourse. The 15 remaining pandemocratic members resigned in solidarity, leaving only two members not affiliated with the progovernment camp in the Legislative Council.

The Hong Kong Police Force maintains internal security and reports to the Security Bureau. The Security Bureau and police continue to report to the chief executive in theory, but to implement the National Security Law (see below) imposed by the National People’s Congress Standing Committee in Beijing on June 30, the Hong Kong government established an Office of Safeguarding National Security, a National Security Committee, and a National Security Branch of the Hong Kong police. Because these organs ultimately report to the Chinese central government, and mainland security personnel are reportedly embedded in some of these bodies, the ability of Hong Kong’s civilian authorities to maintain effective control over the security office was no longer clear. Security forces are suspected to have committed some abuses and, after the imposition of the National Security Law, have devoted increasing attention to political cases, including those involving nonviolent protesters, opposition politicians, and activists.

From June 2019 to January 2020, Hong Kong experienced protests, initially drawing more than one million participants, against proposed changes to Hong Kong’s extradition law with mainland China. Participation in the protests dwindled sharply early in the year and remained low due to the COVID-19 pandemic, police denial of demonstration permits, more aggressive police enforcement tactics, and concern about the National Security Law. China undermined Hong Kong’s autonomy through an escalating erosion of civil liberties and democratic institutions throughout the year. In June, with the support of the Hong Kong chief executive, the Chinese National People’s Congress unilaterally imposed the National Security Law on Hong Kong. The National Security Law created four categories of offenses–secession, subversion, terrorist activities, and collusion with a foreign country or external elements to endanger national security–and corresponding penalties. The law has extraterritorial reach. The Office for Safeguarding National Security, which does not fall under the Hong Kong government’s jurisdiction, allows mainland China security elements to operate openly and without accountability to Hong Kong authorities, in contradiction of the spirit and practice of the Sino-British Joint Declaration and the “one country, two systems” framework.

Significant human rights issues included: the establishment of national security organs with sweeping powers and negligible public oversight; allegations of police brutality against protesters and persons in custody; arbitrary arrests; politically motivated reprisals against individuals located outside of Hong Kong; serious restrictions on free expression, the press, and the internet; substantial interference with the rights of peaceful assembly and freedom of association; use of politically motivated arrests and prosecutions to impose restrictions on departing Hong Kong; the inability of citizens to change their government peacefully through free and fair elections; restrictions on political participation; and trafficking in persons.

The government took limited steps to prosecute and punish officials who committed human rights abuses, but refused widespread calls by a large segment of Hong Kong society and others to establish an independent commission to examine allegations of police brutality during the 2019 demonstrations.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

e. Denial of Fair Public Trial

Although the law generally provides for an independent judiciary, there were indications that this independence was being challenged. As it did for the police force, the Department of Justice set up a separate office that deals with NSL prosecutions. There were media reports that this office also managed certain prosecutions against opposition activists not charged under the NSL. Activists voiced concern that those charged under the NSL may be denied a fair and public trial, as the NSL allows extradition to the mainland for trial. Chinese Communist Party mouthpieces in Hong Kong put pressure on the judiciary to accept more “guidance” from the government and called for extradition to the mainland in at least one high-profile case; they also criticized sentences deemed too lenient. Arrests made by police and the prosecutions pursued by the Justice Department appeared to be increasingly politically motivated in nature.

Trial Procedures

The law provides for the right to a fair and public trial, and an independent judiciary largely enforced this right. Defendants have the right to be informed promptly and in detail of the charges against them and the right to a trial without undue delay.

Defendants are presumed innocent, except in official corruption cases: Under the law a sitting or former government official who maintains a standard of living above that commensurate with an official income or who controls monies or property disproportionate to an official income is considered guilty of an offense unless the official can satisfactorily explain the discrepancy. The courts upheld this ordinance. Trials are by jury except at the magistrate and district court level. An attorney is provided at public expense if defendants cannot afford counsel. Defendants have adequate time and facilities to prepare a defense. The government conducted court proceedings in either Cantonese or English, the SAR’s two official languages. The government provided interpretation service to those not conversant in Cantonese or English during all criminal court proceedings. Defendants could confront and question witnesses testifying against them and present witnesses to testify on their own behalf. Defendants have the right not to be compelled to testify or confess guilt, the right to be present at their trial, and the right of appeal.

The SAR’s courts are charged with interpreting those provisions of the Basic Law that address matters within the limits of the SAR’s autonomy. SAR courts also interpret provisions of the Basic Law that relate to central government responsibilities or the relationship between the central authorities and the SAR. The Court of Final Appeal may seek an interpretation of relevant provisions from the PRC central government’s Standing Committee of the National People’s Congress (NPC). SAR courts must by law follow the standing committee’s interpretations in cases involving central government jurisdiction, although judgments previously rendered are not affected. The standing committee has issued five interpretations of the Basic Law since 1997. The most recent, issued in 2016, requires lawmakers “to accurately, completely, and solemnly” swear an oath to uphold the Basic Law and recognize the Hong Kong SAR as a part of China before taking office. This ruling was the basis, in 2017, for disqualifying six opposition figures from taking their Legislative Council seats.

Under the NSL the chief executive provides a list of judges eligible to hear NSL cases. The NPC Standing Committee determines how the NSL is interpreted, not a SAR-based judiciary or elected body. The standing committee has the power in certain cases to extradite the accused to the mainland and hold trials behind closed doors. As of November, no cases have come to trial to validate or negate apprehensions about the NSL trial mechanisms.

Civil Judicial Procedures and Remedies

There is an independent and impartial judiciary for civil matters and access to a court to bring lawsuits seeking damages for human rights violations by SAR agencies or persons, with the possible exception of employees of the National Security division, as well as Central Government Liaison Office, depending on interpretations of the law.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. Although the SAR continued to be relatively law-abiding, there were isolated reports of government corruption.

Financial Disclosure: The SAR requires the most senior civil service and elected officials to declare their financial investments annually and senior working-level officials to do so biennially. Policy bureaus may impose additional reporting requirements for positions seen as having a greater risk of conflict of interest. The Civil Service Bureau monitors and verifies disclosures, which are available to the public. There are criminal and administrative sanctions for noncompliance.

Macau

Read A Section: Macau

China | Hong KongTibet

EXECUTIVE SUMMARY

Macau is a Special Administrative Region of the People’s Republic of China. In 2017 residents elected 14 representatives to its Legislative Assembly. In accordance with the law, limited franchise functional constituencies elected 12 representatives, and the chief executive nominated the remaining seven. In August 2019 a 400-member election committee selected Ho Iat-seng to serve a five-year term as chief executive.

The Secretariat for Security oversees the Public Security Police, which has responsibility for general law enforcement, and the Judiciary Police, which has responsibility for criminal investigations. Civilian authorities maintained effective control over the security forces. Members of the security forces committed isolated abuses.

Significant human rights issues included: interference with the rights of peaceful assembly; restrictions on political participation; and trafficking in persons.

The government took steps to prosecute and punish officials who committed human rights abuses.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

e. Denial of Fair Public Trial

The law provides for an independent judiciary, and the government generally respected judicial independence and impartiality.

Trial Procedures

The law provides for the right to a fair public trial, and an independent judiciary generally enforced this right. A case may be presided over by one judge or a group of judges, depending on the type of crime and the maximum penalty involved.

Under the law defendants enjoy a presumption of innocence and have a right to appeal. The law provides that trials be public except when the court rules otherwise to “safeguard the dignity of persons, public morality, or to provide for the normal functioning of the court.” Defendants have the right to be informed promptly and in detail of the charges (with free interpretation), be present at their trials, confront witnesses, have adequate time to prepare a defense, not be compelled to testify or confess guilt, and consult with an attorney in a timely manner. The government provides public attorneys for those financially incapable of engaging lawyers or paying expenses of proceedings.

The SAR’s unique civil-code judicial system derives from the Portuguese legal system. The courts may rule on matters that are the responsibility of the government of the People’s Republic of China or concern the relationship between central authorities and the SAR, but before making their final judgment, which is not subject to appeal, the courts must seek an interpretation of the relevant provisions from the National People’s Congress Standing Committee. The Basic Law requires that courts follow the standing committee’s interpretations when cases intersect with central government jurisdiction, although judgments previously rendered are not affected, and when the standing committee makes an interpretation of the provisions concerned, the courts, in applying those provisions, “shall follow the interpretation of the Standing Committee.” As the final interpreter of the Basic Law, the standing committee also has the power to initiate interpretations of the Basic Law.

Civil Judicial Procedures and Remedies

There is an independent and impartial judiciary for civil matters, and citizens have access to a court to bring lawsuits seeking damages for a human rights violation.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for official corruption, and the government generally implemented the law effectively. There were no reports of government corruption during the year.

Corruption: The government’s Commission against Corruption investigated the public and private sectors and had the power to arrest and detain suspects. The Ombudsman Bureau within the commission reviewed complaints of mismanagement or abuse by the commission. An independent monitoring committee outside the commission accepted and reviewed complaints about commission personnel. In December a commission investigation found no government “illegalities or maladministration” in the reclamation of 74 idle land parcels in previous years but stated the previous Land, Public Works, and Transport Bureau management had failed to inspect and monitor concessionaires’ compliance with provisional contracts for those parcels.

Financial Disclosure: By law the chief executive, judges, members of the Legislative Assembly and Executive Council, and executive agency directors must disclose their financial interests upon appointment, promotion, retirement, and at five-year intervals while encumbering the same position. The information is available to the public on the website of the Macau courts. The law states that if the information contained in the declaration is intentionally incorrect, the declarant shall be liable to a maximum imprisonment of three years or a minimum fine equal to six months’ remuneration of the position held. Furthermore, the declarant may be prohibited from appointment to public office or performing public duties for a maximum of 10 years.

Macau

Read A Section: Macau

China | Hong KongTibet

EXECUTIVE SUMMARY

Macau is a Special Administrative Region of the People’s Republic of China. In September residents elected 14 representatives from an approved candidate pool to its Legislative Assembly. Limited franchise functional constituencies elected 12 representatives, and the chief executive nominated the remaining seven representatives in the 33-seat legislature. In August 2019 a 400-member election committee selected Ho Iat-seng to serve a five-year term as chief executive.

The Secretariat for Security oversees the Public Security Police, which has responsibility for general law enforcement, and the Judiciary Police, which has responsibility for criminal investigations. Civilian authorities maintained effective control over the security forces. There were credible reports that members of the security forces committed isolated abuses.

Significant human rights issues included the existence of criminal libel laws and credible reports of: substantial interference with the right of peaceful assembly; inability of citizens to change their government peacefully through free and fair elections; serious restrictions on political participation, including the disqualification of prodemocracy candidates in elections; and trafficking in persons.

The government took steps to prosecute and punish officials who committed human rights abuses or engaged in corruption.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for official corruption, and the government generally implemented the law effectively. There were no reports of government corruption during the year.

Corruption: The government’s Commission against Corruption investigated the public and private sectors and had the power to arrest and detain suspects. The Ombudsman Bureau within the commission reviewed complaints of mismanagement or abuse by the commission. An independent monitoring committee outside the commission accepted and reviewed complaints about commission personnel.

Tibet

Read A Section: Tibet

China | Hong Kong | Macau

EXECUTIVE SUMMARY

The majority of ethnic Tibetans in the People’s Republic of China live in the Tibetan Autonomous Region and Tibetan autonomous prefectures and counties in Sichuan, Qinghai, Yunnan, and Gansu provinces. The Chinese Communist Party’s Central Committee exercises paramount authority over Tibetan areas. As in other predominantly minority areas of the People’s Republic of China, ethnic Han Chinese members of the party held the overwhelming majority of top party, government, police, and military positions in the autonomous region and other Tibetan areas. Ultimate authority rests with the 25-member Political Bureau (Politburo) of the Chinese Communist Party Central Committee and its seven-member Standing Committee in Beijing, neither of which had any Tibetan members.

The main domestic security agencies include the Ministry of State Security, the Ministry of Public Security, and the People’s Armed Police. The People’s Armed Police continue to be under the dual authority of the Central Committee of the Communist Party and the Central Military Commission. The People’s Liberation Army is primarily responsible for external security but also has some domestic security responsibilities. Local jurisdictions also frequently use civilian municipal security forces, known as “urban management” officials, to enforce administrative measures. Civilian authorities maintained effective control of the security forces. Members of the security forces committed numerous abuses.

Significant human rights issues included: torture and cases of cruel, inhuman, and degrading treatment or punishment by the government; arbitrary arrest or detention; political prisoners; politically motivated reprisal against individuals located outside the country; serious problems with the independence of the judiciary; arbitrary or unlawful interference with privacy; serious restrictions on free expression, the press, and the internet, including censorship and site blocking; substantial interference with the freedom of peaceful assembly and freedom of association; severe restrictions on religious freedom, despite nominal constitutional protections voided by regulations restricting religious freedom and effectively placing Tibetan Buddhism under central government control; severe restrictions on freedom of movement; the inability of citizens to change their government peacefully through free and fair elections; restrictions on political participation; serious acts of corruption; coerced abortion or forced sterilization; and violence or threats of violence targeting indigenous persons.

Disciplinary procedures for officials were opaque, and there was no publicly available information to indicate senior officials punished security personnel or other authorities for behavior defined under laws and regulations of the People’s Republic of China as abuses of power and authority.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

e. Denial of Fair Public Trial

The judiciary was not independent of the Chinese Communist Party (CCP) or government in law or practice. In March for example, officials in Mangkhang County, TAR, announced that the local prosecutor’s office would hire five court clerks. Among the job requirements were loyalty to the CCP leadership and a critical attitude toward the 14th Dalai Lama. The November establishment of “Xi Jinping Thought on the Rule of Law” sought to strengthen this party control over the legal system.

Soon after an August meeting of senior CCP officials about Tibet during which President Xi Jinping stated the people must continue the fight against “splittism,” the Dui Hua Foundation reported that the Kandze Tibetan Autonomous Prefecture Intermediate People’s Court in Sichuan Province had convicted nine Tibetans of “inciting splittism” during the year. Little public information was available about their trials.

Trial Procedures

Criminal suspects in the PRC have the right to hire a lawyer or other defense representation, but many Tibetan defendants, particularly those facing politically motivated charges, did not have access to legal representation while in pretrial detention. In rare cases, defendants were denied access to legal representation entirely, but in many cases lawyers are unwilling to take clients due to political risks or because Tibetan families often do not have the resources to cover legal fees. For example, Tibetan language activist Tashi Wangchuk, arrested in 2016 and convicted in 2018, has been denied access to his lawyer since his conviction. Access was limited prior to his trial, and the government rejected petitions and motions appealing the verdict filed by his lawyer and other supporters, although PRC law allows for such appeals.

While some Tibetan lawyers are licensed in Tibetan areas, observers reported they were often unwilling to defend individuals in front of ethnic Han judges and prosecutors due to fear of reprisals or disbarment. In cases that authorities claimed involved “endangering state security” or “separatism,” trials often were cursory and closed. Local sources noted trials were predominantly conducted in Mandarin, with government interpreters provided for defendants who did not speak Mandarin. Court decisions, proclamations, and other judicial documents, however, generally were not published in Tibetan.

Section 4. Corruption and Lack of Transparency in Government

PRC law provides criminal penalties for corrupt acts by officials, but the government did not implement the law effectively in Tibetan areas, and high-ranking officials often engaged in corrupt practices with impunity. There were numerous reports of government corruption in Tibetan areas; some low-ranked officials were punished.

In April an appeal hearing for Tibetan anticorruption activist A-Nya Sengdra was postponed indefinitely. A-Nya was arrested in 2018 by Qinghai police after exposing corruption among local officials who failed to compensate Tibetans for land appropriations. Held incommunicado for 48 days, he was sentenced in December 2019 to seven years in prison for “picking quarrels and provoking trouble.”

Corruption: Local sources said investigations into corruption in the TAR and autonomous prefectures were rare; however, during the year news media reported two relatively high-profile corruption cases. In May the Tibetan Review, a monthly journal published in India, reported deputy secretary general of the TAR government Tashi Gyatso was being investigated for violations of discipline and law. Often the specifics of official investigations related to disciplinary violations are not made public but are commonly understood to be connected to bribery or abuse of power.

In July the Tibetan Review cited China’s official Xinhua news agency reporting that Wang Yunting, a Han Chinese CCP member and deputy director of Tibet’s health commission, was being investigated by the regional anti-graft authorities for “disciplinary” violations.

Financial Disclosure: The CCP has internal regulations requiring disclosure of financial assets, but these disclosures are not made public.

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