Hong Kong 47: Democratic leaders found guilty of subversion following mass national security trial

Hong Kong
CNN
—

More than a dozen leading Hong Kong democracy figures were found guilty of subversion on Thursday, following the largest national security trial since Beijing’s sweeping crackdown on the once-free city.

The 14 activists and politicians were found guilty of “conspiracy to commit subversion” for their role in organizing unofficial primary elections in 2020 aimed at deciding who should run in the city’s legislative elections.

They were among 47 defendants in what became known as the “Hong Kong 47” trial – a historic and closely watched trial under a national security law imposed by Beijing on the city following massive anti-government protests the previous year.

Those on trial represented a large part of Hong Kong’s now-disbanded democracy movement, and most pleaded guilty during the prosecution process.

But 16 activists and politicians decided to challenge the accusations, opting for a full trial that lasted more than a year. Two were acquitted Thursday and allowed to leave court. The remaining 45 are now awaiting sentencing at a later date and could face the maximum sentence of life imprisonment.

Thursday’s verdict offers one of the clearest windows into how the national security law has rewritten the city’s political landscape, with once-sanctioned pro-democracy opposition now decimated and dissent all but erased.

The governments of Hong Kong and Beijing have repeatedly denied that the national security law suppressed freedoms, arguing that it had ended chaos and “restored stability” to the city.

In a summary describing the convictions, a panel of judges ruled that the prosecution had proven that the defendants were engaged in a conspiracy to disrupt the “duties and functions of government…with a view to overthrowing the power of the state.”

Supporters of those convicted argue that they were simply participating in the kind of oppositional politics that could once thrive in Hong Kong, and Thursday’s verdict indicates that China’s control over the once-open city is virtually complete.

Since the national security law took effect in 2020, civilian groups have disbanded and independent media have been shut down. The city’s parliament is now made up entirely of pro-Beijing loyalists, while most pro-democracy figures are either in prison or in exile abroad.

The 47 defendants were first arrested during searches in the early hours of January 6, 2021 – 1,240 days ago – and most have been detained for more than three years.

They include veteran politicians, elected lawmakers and young protest leaders, as well as academics, trade unionists, journalists and medical workers. They come from several generations and a broad political spectrum – from moderate democrats to those who advocate for Hong Kong’s self-determination.

Among those who pleaded not guilty and were found guilty on Thursday were former journalist Gwyneth Ho, 33, who livestreamed an attack on pro-democracy protesters at a subway station, and former lawmaker Leung Kwok -hung, 68 years old, known by his nickname. “Long Hair”, a left-wing activist who began his long political career campaigning against British colonial rule.

After the verdicts, some family members wept openly in the courtroom and greeted the defendants. Some defendants smiled and waved back, others seemed resigned.

The two acquitted were former district councilors Lawrence Lau and Lee Yu-shun, who participated in the unofficial Democratic primary in 2020.

“Today I shouldn’t be the center of attention. I hope everyone continues to pay attention to the other friends in this case,” Lau, a lawyer, said after leaving the court. “Thank you so much for your concern for all the accused in this case, please continue to be concerned and give them love.”

Lee, sporting a gold chain and tiger-print shirt, said he couldn’t say much even after being acquitted.

“Given that the Department of Justice has indicated that it may appeal, I cannot comment or offer an opinion on the decision or this case at this time.” he said. “So I can only say that I feel very calm and thank you for your concern. Now I want to go eat dim sum with my family because I haven’t been able to see them yet.

Human Rights Watch condemned the convictions, arguing that the democratic leaders were prosecuted for “peaceful activism” and that the verdict showed “total disregard for both democratic political processes and the rule of law.”

The case of the “Hong Kong 47” arose from an unofficial primary election organized by the pro-democracy opposition in July 2020 for the city’s legislature. The goal was to narrow candidates’ best odds of trying to win a majority, similar to similar polls found in other democracies around the world.

But Hong Kong authorities said the primary vote was a “vicious plot” intended to “paralyze the government and undermine state power” and accused those who took part of intending to use their mandate to block legislation indiscriminately.

The Legislative Council election – which the defendants hoped to win by organizing the primary vote – was postponed to 2021 due to Covid-related health concerns raised by authorities during the pandemic.

During the postponement, authorities in Beijing and Hong Kong rewrote the city’s electoral rules, implementing a stricter selection system to eliminate candidates deemed “unpatriotic.”

Hong Kong’s Legislative Council currently has no pro-democracy lawmakers, and the upcoming district council elections, which will take place in December, will also not feature pro-democracy candidates.

In a non-jury trial, 31 defendants pleaded guilty, a decision that in Hong Kong usually leads to a reduced sentence. But that strategy is now in doubt after another local national security law passed earlier this year restricted access to reduced sentences for guilty pleas.

Among those who pleaded guilty were Joshua Wong, 27, who gained international fame as the face of years of student-led democracy protests in Hong Kong and was labeled an “extremist” by state media. Chinese state, Benny Tai, 59, former law professor and co. -founder of the 2014 Occupy Central movement, and Claudia Mo, 67, a former journalist turned reform-minded legislator.

Hong Kong democracy activists are no strangers to the courts. Many have served time for their activism. But the trial of the “Hong Kong 47” showed how much the legal system has changed with the national security law, which criminalizes secession, subversion, terrorism and collusion with foreign powers and provides for a penalty maximum life imprisonment.

Its wording, as well as its application, is more in line with the laws of mainland China, where courts are tightly controlled by the ruling Communist Party and have a conviction rate above 99.9 percent. In contrast, Hong Kong follows a common law system that remained intact after the former British colony’s handover to Chinese rule in 1997.

Nearly 300 people, aged 15 to 90, have been arrested under the national security law imposed by Beijing since its enactment, according to police.

Like all national security cases so far, the trial of the Hong Kong 47 took place without a jury, a departure from the tradition of common law, a power granted by law imposed by Beijing. It was also presided over by a panel of three High Court judges appointed by the city’s chief executive to handle national security matters.

The law also sets a higher bail threshold. Thirty-two defendants have been denied bail and have been in custody since 2021 – a highly unusual practice for cases that do not involve murder. Only 15 of them were released on bail, but two of them later had their applications revoked for violating bail conditions.

The trial highlighted the imposition of mainland legal concepts and mainland law into the common law system, said John Burns, professor emeritus at the University of Hong Kong.

“It is absolutely clear that the national security law has reduced the independence and autonomy of the judiciary. No jury makes it much harder to get bail – these are all things that used to be determined by judges.

Western lawyers and governments have lamented how the national security law has dealt a blow to the city’s judicial independence, but authorities in Beijing and Hong Kong have warned foreign parties against interfering in internal affairs and the city’s justice system.

Before the trial began in February, the Hong Kong government called criticism of the trial a “scandal for the criminal justice process” and a “blatant act undermining Hong Kong’s rule of law.” Kong.”