THAILAND: Authorities must release Hong Kong pro-democracy Zhang Xinyan, uphold principle of non-refoulement

The case raises concerns over transnational repression and the protection of human rights defenders. 

Zhang Xinyan is currently held in detention and her future remains uncertain. If forcibly deported to China, she is at grave risk of arbitrary detention, limited legal protections, and an unfair trial. 

Call to action

We urge Thai authorities to immediately release Zhang Xinyan from detention and to refrain from deporting or forcibly returning her to China, pending third-country resettlement. 

The Thai Government must uphold its obligations under international human rights law.

We call on authorities to grant the Office of the United Nations High Commissioner for Refugees (UNHCR) and proper legal counsel full and unimpeded access to Zhang Xinyan while she remains in detention. 

Any deportation or transfer of Zhang Xinyan would violate the principle of non-refoulement and the Thai Government’s obligations under international law.

Who is Zhang Xinyan

Zhang Xinyan is a Chinese national. She moved to Thailand following years of alleged persecution based on her Falun Gong practice, a spiritual movement banned in China.

She holds a refugee status issued by the UNHCR, following the cancellation of her Chinese passport, according to Sunai Phasuk, a senior researcher for Human Rights Watch. 

Zhang Xinyan was among the 19 Hong Kong pro-democracy activists—based overseas—who were issued with arrest warrants by the Hong Kong police in July 2025 for alleged subversion under Hong Kong’s National Security Law. Their bounties ranged from HKD 200,000 to 1 million (approx. USD 25,000-127,000).

The group was accused of organizing unofficial polls outside Hong Kong in order to form a shadow legislature to advance the principle of "Hong Kong people ruling Hong Kong." 

The National Security Law (NSL), enacted in June 2020 and imposed by Beijing directly without going through Hong Kong's own legislature—bypassing the city's democratic institutions and marking a fundamental shift in the "one country, two systems" framework—criminalizes several offences, including secession, subversion, terrorism, and collusion with foreign forces. 

In March 2024, Hong Kong enacted the Article 23 legislation, a domestic national security law that significantly expanded the existing framework established by the NSL. The new law introduced additional offences including sedition, espionage, and external interference, with penalties of up to life imprisonment. In practice, the NSL is frequently used to criminalize human rights advocacy or dissent, and has been widely condemned by UN human rights experts as incompatible with international human rights law. 

What happened

On 8 May 2026, Thai immigration authorities reportedly detained Zhang Xinyan at her residence in Bangkok. She was then transferred to the Suan Phlu Immigration Detention Centre.

Zhang Xinyan was arrested on charges of overstaying her visa and working without proper documentation. 

Prior to the arrest, the Embassy of China in Thailand reportedly confiscated her passport when she sought to renew it. Rendered effectively stateless and unable to leave the country without a valid travel document, she remained in Thailand with no legal pathway out. 

We are deeply concerned that Zhang Xinyan’s detention exposes her to a heightened risk of refoulement and politically motivated persecution. We urge the international community to closely monitor the case and take appropriate action with both Thai and Chinese authorities.

Endorsed by:

• Asia Democracy Network
• Asian Forum for Human Rights and Development (FORUM-ASIA)
• CIVICUS: World Alliance for Citizen Participation
• International Federation for Human Rights (FIDH), within the framework of the Observatory for the Protection of Human Rights Defenders
• International Service for Human Rights (ISHR)
• World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders