UN Calls Out China and Hong Kong Authorities for Silencing Legal Professionals

United Nations human rights experts have voiced grave concern over the disbarment and financial penalties imposed on Hong Kong lawyer Kevin Yam (Yam Kin Fung), describing the move as a “retaliatory measure” and a “disturbing signal” of declining judicial independence in the Hong Kong Special Administrative Region (HKSAR). Yam, a prominent advocate for legal reform and judicial integrity, was struck off the Roll of Solicitors on 16 July 2025 following remarks he made during a U.S. Congressional hearing in May 2023 about the erosion of judicial independence in Hong Kong.

Targeted for Speaking Out

According to the UN experts, the disciplinary tribunal that ordered Yam’s disbarment was appointed by the Chief Justice, raising serious concerns about conflict of interest and institutional bias. The tribunal reportedly ruled against Yam despite finding no violations of the Law Society’s statutes or the Code of Conduct. The experts stressed that the decision was directly linked to Yam’s public statements on the independence of judges and prosecutors—core issues of public interest protected under international human rights law.

“We take note with serious concern that Mr. Yam was struck from the Roll of Solicitors without having breached any of the Law Society’s statutes or the Code of Conduct,” the experts said. “This represents an alarming retaliation against a lawyer for expressing legitimate opinions on judicial integrity.”

A Pattern of Retaliation and Intimidation

This is not the first time Yam has faced reprisals. He was reportedly criminalised for similar actions more than two years ago, after speaking out about threats to the rule of law and the politicisation of the judiciary. His current disbarment, accompanied by a financial penalty, is viewed by rights groups as a continuation of a broader campaign to silence legal professionals and civil society voices critical of government policies under the National Security Law (NSL).

UN experts described the disbarment as part of an “escalating pattern of reprisals” against lawyers, journalists, and activists in Hong Kong. “This attempt to silence lawyers by disbarring them is an appalling violation of international law and sets a very troubling precedent in Hong Kong and China,” they warned.

Rule of Law Under Threat

The experts underscored that lawyers play a vital role in ensuring the rule of law, access to justice, and oversight of state power. The independence of the legal profession, they said, is indispensable to a functioning judicial system and the protection of due process.

“The free exercise of the legal profession is crucial to ensure access to justice, oversight of state power, protection of due process and judicial guarantees,” the statement noted. “States must guarantee that those who practice law can do so free from intimidation, obstacles, harassment or interference.”

They further warned that disbarring lawyers for their views erodes public trust in judicial institutions and undermines Hong Kong’s longstanding reputation for legal independence—a key pillar of its governance and economic identity under the “One Country, Two Systems” framework.

UN Urges China to Uphold International Standards

The UN experts have formally communicated with the Government of the People’s Republic of China, urging it to address these concerns and to safeguard the independence of the legal profession in both mainland China and Hong Kong. They reiterated that freedom of expression and association for lawyers is explicitly protected under international law, including the UN Basic Principles on the Role of Lawyers, which require governments to ensure that lawyers are not threatened or prosecuted for performing their professional duties.

The experts’ statement is part of a growing body of international criticism against Hong Kong’s shrinking civic space. Since the imposition of the National Security Law in 2020, numerous pro-democracy activists, academics, and media figures have been arrested, disqualified, or forced into exile. The targeting of lawyers marks a further escalation, as it directly attacks the infrastructure of legal defense and due process.

A Warning for Judicial Independence in the Region

Legal observers warn that Yam’s case could embolden other jurisdictions to take punitive action against lawyers who challenge government narratives. “This disbarment is not just about one lawyer—it’s about the message it sends,” said one human rights scholar. “If lawyers can be punished for speaking out about judicial integrity, then the rule of law itself is at risk.”

The UN experts concluded by urging the HKSAR and Chinese authorities to reinstate Kevin Yam and ensure that legal professionals can operate freely without fear of reprisal. “The function of lawyers is key to the right to a fair trial,” they said. “Any system that punishes lawyers for defending justice undermines the very principles it claims to uphold.”