Hong Kong court convicts 14 pro-democracy activists in national security case

30 May 2024, 09:24

Lawrence Lau outside West Kowloon Magistrates' Courts
Hong Kong Security Law Verdict. Picture: PA

Former district councillors Lee Yue-shun and Lawrence Lau were acquitted but the prosecution said it plans to appeal.

Fourteen pro-democracy activists were convicted in Hong Kong’s biggest national security case on Thursday by a court which said their plan to effect change through an unofficial primary election would have undermined the government’s authority and created a constitutional crisis.

After a 2019 protest movement that filled the city’s streets with demonstrators, authorities have all but silenced dissent in Hong Kong through reduced public choice in elections, crackdowns on media and the Beijing-imposed security law under which the activists were convicted.

Those found guilty of conspiracy to commit subversion included former politicians Leung Kwok-hung, Lam Cheuk-ting, Helena Wong and Raymond Chan, and they could face up to life in prison when sentenced later.

The two defendants acquitted at West Kowloon Magistrates’ Courts were former district councillors Lee Yue-shun and Lawrence Lau, but the prosecution said it intends to appeal against the acquittals.

Hong Kong Security Law Verdict
Police officers stand guard outside West Kowloon Magistrates’ Courts in Hong Kong (Chan Long Hei/AP)

The activists were among 47 democracy advocates who were prosecuted in 2021 for their involvement in the election. Prosecutors had accused them of attempting to paralyze Hong Kong’s government and topple the city’s leader by securing the legislative majority necessary to indiscriminately veto budgets.

In a summary of the verdict distributed to media, the court said the election participants had declared they would “either actively use or use the power conferred on the (Legislative Council) by the (Basic Law) to veto the budgets”.

Under the Basic Law, the chief executive can dissolve the legislature if a budget cannot be passed but the leader would have to step down if the budget is again vetoed in the newly formed legislature.

In the full, 319-page verdict, the court also said if the plan to veto Bills would lead to the dissolution of the legislature, it meant “the implementation of any new government policies would be seriously hampered and essentially put to a halt”.

“The power and authority of both the Government and the Chief Executive would be greatly undermined,” the court said in the verdict. “In our view … that would create a constitutional crisis for Hong Kong.”

The judges concluded that “unlawful means” are not limited only to criminal acts, and that it was not necessary for the prosecution to prove the accused knew that the means to be used were “unlawful”.

Hong Kong Security Law Verdict
Former pro-democracy district councillor Lawrence Lau was acquitted (Chan Long Hei/AP)

Mr Lau, who was acquitted, told reporters he should not be the focus at the moment as other defendants in the case warrant the public’s concern and love.

He said if there is any “star” in the case, the judgment should be “the star” because it set out the logic and perspectives of the judges. “This is part of our rule of law,” he said.

The court acquitted Mr Lau after it found he had not mentioned vetoing the budget in his election campaign and the court was unable to conclude he had intended to subvert state power.

Mr Lee, the other defendant found not guilty, thanked the public for caring about the case over the past few years.

“I feel calm, as I have always been,” he said.

In an earlier Facebook post, he said Thursday was like a special graduation ceremony for him, though graduation is usually about sharing happiness with families and friends.

“This perhaps best reflects the common helplessness of our generation,” he had said in his post on Wednesday.

Mr Lee, like Mr Lau, was acquitted after the court found no evidence that he mentioned vetoing in an election forum, nor had he personally expressed his stance on using veto power to force the government to accede to protester demands.

Hong Kong Security Law Verdict
Lee Yue-shun thanked the public for caring about the case (Chan Long Hei/AP)

While Mr Lee – then a member of the now-defunct Civic Party – had adopted a similar political platform as other party members, the court took into account that he was a latecomer to the party’s campaign for the primary election and that he would have had little choice but to adopt the platform used by others. Thus, the court said in the verdict it could not be sure he had intended to subvert state power.

The two men will be kept on bail, the court said.

Observers said the subversion case illustrates how the security law is being used to crush the political opposition following huge anti-government protests in 2019. But the Beijing and Hong Kong governments insisted the law has helped bring back stability to the city and that judicial independence is being protected.

When Britain handed Hong Kong back to China in 1997, Beijing promised to retain the city’s Western-style civil liberties for 50 years. However, since the introduction of the 2020 law, Hong Kong authorities have severely limited free speech and assembly under the rubric of maintaining national security. Many activists were arrested, silenced or forced into self-exile and dozens of civil society groups disbanded.

The activists prosecuted in the main case included legal scholar Benny Tai, former student leader Joshua Wong and a dozen former politicians including Leung and Claudia Mo.

Thirty-one of them, including Tai, Wong and Mo, pleaded guilty to the charge of conspiracy to commit subversion. They have a better chance of shorter jail terms and will be sentenced at a later date.

After Thursday’s verdicts for the 16 others who pleaded not guilty and underwent a non-jury trial, the court tentatively scheduled a mitigation hearing on June 25.

Hong Kong Security Law Verdict
Members of the League of Social Democrats hold a banner outside West Kowloon Magistrates’ Courts in Hong Kong (Chan Long Hei/AP)

On Thursday, prior to the court hearing, Chan Po-ying, leader of pro-democracy political party League of Social Democrats, as well as three other LSD members, were arrested at court, according to a Facebook post by party member Figo Chan. Chan Po-ying is also the wife of Leung.

Reports by local media such as the South China Morning Post said those arrested had attempted to raise a yellow banner in protest as they walked on to court grounds but were stopped by police and escorted away.

Diplomats from the United States, Australia and Britain, along with dozens of residents, had waited outside the police-guarded court building to secure seats to hear the verdicts.

Former chairwoman of the Democratic Party Emily Lau was among those who turned up in support. She told reporters she was sad that so many had been locked up for more than three years, but declined to comment on the verdict.

Social worker Stanley Chang, a friend of one of the 16 defendants, said he arrived the site at 4am because he feared he could not get a seat. He said there were very few things supporters could do for them and that attending the hearing is a kind of company.

“I want to give some support for my friend and the faces I saw in news reports,” he said.

Hong Kong Security Law Verdict
Representatives from various consulates wait outside West Kowloon Magistrates’ Courts in Hong Kong (Chan Long Hei/AP)

Maya Wang, acting China director at Human Rights Watch, said the convictions of 14 people “for their peaceful activism (show) utter contempt for both democratic political processes and the rule of law.”

“All Hong Kong people wanted was a chance to freely elect their government. Democracy is not a crime, regardless of what the Chinese government and its handpicked Hong Kong court may say,” she added.

Sarah Brooks, of rights group Amnesty International, described the mass convictions as “unprecedented” and said it is the “most ruthless illustration yet of how Hong Kong’s National Security Law is weaponised to silence dissent”.

“These convictions also send a chilling message to anyone else in Hong Kong who opposes the actions of the government, namely: stay quiet, or face jail,” she said.

The unofficial primary in June 2020 was meant to shortlist pro-democracy candidates who would then run in the official election. It drew an unexpectedly high turnout of 610,000 voters, over 13% of the city’s registered electorate.

The pro-democracy camp at that time hoped they could secure a legislative majority, which would allow them to press for the 2019 protest demands, including greater police accountability and democratic elections for the city leader.

But the government postponed the legislative election that would have followed the primary, citing public health risks during the coronavirus pandemic. The electoral laws were later overhauled, effectively increasing the number of pro-Beijing lawmakers in the legislature.

By Press Association

Latest World News

See more Latest World News

Putin is 'not interested in genuine peace' in Ukraine, Rishi Sunak tells world in Switzerland

Putin is 'not interested in genuine peace' in Ukraine, Rishi Sunak tells world leaders in Switzerland

Eight Israeli soldiers killed in southern Gaza - as Palestinian death toll reaches '37,000'

Eight Israeli soldiers killed in southern Gaza in deadliest attack since January

Olympic rings on the Eiffel Tower in Paris

IOC gives 14 Russians and 11 Belarusians neutral status for Paris Olympics

The ride got stuck upside down

Horrifying moment people get stuck upside down on theme park ride, as dozens have to be rescued

Muslim pilgrims standing at the top of the rocky hill known as the Mountain of Mercy

Muslim pilgrims converge at Mount Arafat for worship as Hajj reaches its peak

Ukraine’s President Volodymyr Zelensky, arrives at Zurich airport in Switzerland

World leaders to meet at Swiss resort on possible Ukraine peace roadmap

Alex Jones speaking to the media after arriving at court in Houston, Texas, for a hearing in front of a bankruptcy judge on Friday

Judge rules Alex Jones’ assets to be sold to help pay Sandy Hook debt

South African president Cyril Ramaphosa raises his hands in parliament after being re-elected for a second term

Cyril Ramaphosa re-elected as South African president for second term after deal

Co-founder of Ozy Media, Carlos Watson arrives at Brooklyn Federal Court, for an earlier hearing

Google chief gives evidence at fraud trial of Ozy Media founder

Justice Department

US attorney general will not be prosecuted for contempt of Congress

A 12-year-old child was injured at the Valkea shopping centre in Oulu after a stabbing

'Far-right' knifeman attacks two children at Finnish shopping centre, leaving 12-year-old seriously wounded

The leaders of France left-wing coalition for the upcoming election Green Party Yannick Jadot, Communist Party national secretary Fabien Roussel, Socialist Party Secretary General Olivier Faure Presid

France’s leftist alliance leaders vow to ‘extinguish the flame’ of far right

G7 world leaders and other leaders from guest nations attend a working session on artificial intelligence, on day two of the 50th G7 summit in southern Italy

G7 leaders tackle migration, AI and economic security on final day of summit

Cyril Ramaphosa listens as members of parliament are sworn in ahead of an expected vote to decide if he is re-elected as leader of the country

Ramaphosa set for re-election in South Africa after coalition agreement

Ukraine’s President Volodymyr Zelensky talks to journalists during a news conference in Italy

How 50 billion-dollar loan for Ukraine backed by frozen Russian assets will work

Lynn Conway sitting on a bench at the University of Michigan

Lynn Conway, microchip pioneer who overcame transgender prejudice, dies aged 86