Kelly Ng and Li Le,in Singapore and Hong Kong
Hong Kong has convicted 14 pro-democracy activists of subversion in the largest use of China-imposed national security laws to date.
They include former legislators Leung Kwok-hung and Helen Wong, journalist-turned-activist Denise Ho, and ordinary Hong Kongers who participated in massive protests in 2019, such as nurse Priscilla Yu.
they are among 47 activists charged with trying to “overthrow” government Informal primaries are organized in 2020 to select candidates who may run for office.
they will”[created] If they are indeed elected to the Legislative Council, Hong Kong will face a constitutional crisis.” The court ruled on Thursday.
Rights groups and some Western countries condemned the verdict and reiterated concerns that the prosecution was “politically motivated”.
EU foreign affairs spokesperson Nabila Massrali said: “This verdict … marks a further deterioration of fundamental freedoms and democratic participation in Hong Kong.”
Foreign Minister Wong Ying-yin said Australia “strongly opposes the Hong Kong authorities’ continued broad application of national security legislation to arrest and pressure pro-democracy figures, opposition groups, the media, trade unions and civil society”.
One of the convicted activists, Gordon Ng, is an Australian citizen.
On Thursday, three High Court judges Andrew Chan, Alex Lee and Johnny Chan agreed with prosecutors’ argument that if pro-democracy candidates were elected, they would try to “veto or deny passage of Hong Kong’s Any budget proposed” by the Govt.
The court said this and other actions would result in “serious interference, disruption or destruction of the (Hong Kong) government’s performance of its duties and functions in accordance with the law”.
As evidence, the court cited letters and campaign materials found at the defendant’s home and on his equipment when he was arrested more than three years ago.
The court acquitted two defendants – former district councilors Liu Zunyi and Li Yushun – saying it was “unable to establish” that they were “parties to the plan” or “had the intention to subvert state power”. But the Justice Department said it would appeal the acquittal.
The 47 are among the best-known figures in the pro-democracy movement, which dates back to 2014, when thousands protested for free and fair elections.
“They embody the diverse and universal aspirations of Hong Kong citizens for democracy and freedom,” Cheng said. Who is accused of violating national security law, told the BBC. He fled Hong Kong and was later granted asylum in the UK.
The case attracted widespread attention and became another test of Hong Kong’s civil liberties under Beijing’s rule. along with The trial of billionaire Jimmy Lai, which highlights growing criticism that the national security law (NSL) is used to suppress dissent. But China says the law restored stability to the city after protests in 2019 and was crucial to maintaining order.
Responding to Thursday’s verdict, Beijing’s Foreign Ministry said, “Hong Kong is a society governed by the rule of law…No one can engage in illegal activities under the banner of democracy and try to evade legal sanctions.”
Foreign Ministry spokesperson Mao Ning said, “We firmly oppose certain countries interfering in China’s internal affairs and smearing and undermining Hong Kong’s legal system through individual judicial cases.”
Hong Kong officials Praise NSL for nearly 100% conviction rate But legal experts say it shows how it is being used to stifle dissent – with nearly 300 people already arrested for various acts.
Sentencing is expected to be handed down later, including for the remaining 31 people who pleaded guilty. The crime of subversion carries a maximum sentence of life in prison, and it is unclear whether the guilty plea can reduce the sentence under the national security law.
Many guilty pleas “might be seen as a pragmatic decision, [as the activists] Recognize that their chances of getting a fair trial are slim,” Mr Cheng said.
“It is a tragic reflection that under an increasingly authoritarian regime, activists are forced to make concessions just to have their punishments reduced,” he said.
“What crime did he commit?”
“We all love independence, openness and freedom. What crime has he committed?” said Fanny Chen, whose husband Liang Guoxiong was one of those found guilty on Thursday.
Ms. Chen, an activist herself, and several others had wanted to stage a protest but were stopped by police outside the heavily guarded courthouse.
In an interview with BBC Chinese before sentencing, she said: “I feel sorry for him… I know he feels the same pain as me.”
Nicknamed “The Long Hair” for his signature hairstyle, Leung has been Hong Kong’s most unrepentant dissident for decades. Ms. Chen said he had been jailed several times for anti-government protests, but this time was different.
“[Back in the 2010s], the social environment is completely different…the democratic movement is advancing. Being in jail is just a minor setback… people feel like there’s a lot more to do after they get out.
Now, she said, even if he eventually gets out, he “will only be released from a small prison to a big prison.”
The couple, both in their 60s, married in early 2021 a few months before he was detained.
Elsa Wu, social worker Hendrick Lui’s adoptive mother, said his desire to “contribute to society” landed him in jail.
Mr Lui was one of 31 people to plead guilty and a candidate in the unofficial primary at the heart of the case.
“He saw a lot of social problems, so he thought, ‘Why don’t I run in the election,'” she said, adding that she hoped he would have an easier life after a difficult childhood.
“It would be better if he went on to be a social worker.”
“The Trial of Hong Kong’s Democratic Movement”
The unofficial primary election involved in the case was held in July 2020 despite warnings from officials that it could violate the national security law. But more than 600,000 Hong Kongers voted for opposition candidates who can run in the upcoming election for the Legislative Council, or Hong Kong’s mini-parliament.
But the election was delayed, and when it was finally held in December 2021 after controversial reforms, pro-Beijing candidates swept to power. Only 30% of the city voted. The new law allows Beijing to screen who can run for office, and many of the most prominent opposition lawmakers are already facing charges under the national security law.
The authorities defended the prosecution of 47 activists, saying they had an “evil plot” to undermine the government.
But the trial was controversial. The national security law allows decisions to be made by three judges handpicked by the Hong Kong government rather than a jury, which is seen as a departure from Hong Kong’s common law tradition.
Most of the defendants have been in jail since their arrests in January 2021, although trials did not begin until early 2023.
The first bail hearing dragged on for four days and the defendant was refused permission to change clothes or even take a shower. Ten of them later collapsed and several were taken to hospital.
Eric Lai, a researcher at the Georgetown Asian Law Center, told the BBC that this was “a trial for Hong Kong’s pro-democracy movement”.
“These verdicts effectively wiped out the entire political opposition in Hong Kong,” said Zhang Yangguang, who ran in the July 2020 primary election but fled Hong Kong.
Now in exile in the United States, he says he misses his fellow activists: “I always dream about my peers who fought so hard. [for] Democracy together. Survivor guilt is immense.
Additional reporting by Frances Mao in Singapore