Hong Kong court finds 14 democracy campaigners guilty in landmark subversion trial

Asia Manager 30/05/2024

HONG KONG — Fourteen Hong Kong pro-democracy activists were found guilty and two were acquitted on May 30 in a landmark subversion trial that critics say could deal another blow to the city's rule of law and its reputation as a global financial hub.

The verdicts in Hong Kong's biggest trial comes more than three years after police arrested 47 democrats in mass dawn raids at homes across Hong Kong, later charging them with "conspiracy to commit subversion" under a China-imposed national security law.

Sentencing will come at a later date for those found guilty, with prison terms ranging from three years to life for this national security offence. Thirty-one defendants pleaded guilty, and four of them have become prosecution witnesses.

Two of the 16 accused, barrister Lawrence Lau and former district councillor Lee Yue-shun, were cleared of the conspiracy to subvert state power charge under the national security law.

"There are still other defendants in this case warranting our concern and even love," Lau said outside the court. He told reporters he could not say much given the possibility the prosecution might appeal his acquittal.

The US and some other countries have criticised the trial as politically motivated, calling for the accused to be immediately released.

Security was tight around the High Court, where diplomats from the US, UK and Europe have attended proceedings. 

Scores of police officers and vehicles patrolled the High Court area as prison vehicles began bringing the 16 defendants to court. Some supporters queued overnight to secure a spot.

"I came because it's a critical stage and a historical moment (for Hong Kong)," said a man surnamed Chiu, 35, who began waiting at midnight. "They (the democrats) all stood up for themselves and for Hong Kong people, hoping to make a change."

Summarising their verdict, Judges Andrew Chan, Alex Lee and Johnny Chan wrote that if the defendants had succeeded, it would have created "a constitutional crisis for Hong Kong" and led to "serious interfering in, disrupting or undermining the performance of duties and functions in accordance with the law by the (Hong Kong) government".

Several defendants, including activists Owen Chow and Gwyneth Ho, appeared stony-faced in the dock as the verdicts were delivered to a packed courtroom.

Those convicted also include former democratic lawmakers Leung Kwok-hung, Lam Cheuk-ting and Helena Wong. It was not yet clear whether any would appeal, with court adjourned until an afternoon session.

'Ruthless illustration'

Leung, 68, is the oldest defendant.

"Although he might not be well emotionally and still not yet adapted to prison life... he always told me that he's innocent," Leung's wife Chan Po-ying told Reuters.

The criminal trial is the biggest ever against Hong Kong's democratic opposition and is being closely watched internationally.

Mass pro-democracy protests erupted in Hong Kong in 2019 over new security laws planned by Beijing, which democrats argued infringed on freedoms guaranteed when Hong Kong was handed back to China by the British in 1997.

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Beijing in 2020 imposed the sweeping national security law that led to a spate of arrests of democratic campaigners as well as the closures of liberal media outlets and NGOs. Hong Kong's democratic opposition had sought for decades to pressure Beijing to allow full democracy in the city.

Once-lively street marches, demonstrations and vigils have essentially ceased amid intense policing.

"This unprecedented mass conviction is the most ruthless illustration yet of how Hong Kong's national security law is weaponised to silence dissent," Amnesty International's China director Sarah Brooks said in a statement. "It represents a near-total purge of the political opposition."

Beijing says the national security laws have brought stability to Hong Kong and that human rights are respected.

Known as the 47 democrats case, the defendants were accused of a "vicious plot" to paralyse government and force the city's leader to resign through an unofficial pre-selection ballot in a July 2020 citywide election. 

The democrats maintain it was an unofficial attempt to select the strongest candidates for a citywide election in a bid to win a historic majority in Hong Kong's legislature.

Most of the accused have been detained for more than 1,000 days since Feb 28, 2021, and were subjected to marathon bail hearings.

Those who have pleaded guilty include former law scholar Benny Tai, whom the prosecution called a "mastermind" of the "conspiracy", and activist Joshua Wong.

Countries including the US have criticised the trial as politically motivated, and have called for the accused to be immediately released.

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