Fourteen individuals have been pronounced guilty in what is deemed to be Hong Kong’s largest trial on national security, involving the so-called Hong Kong 47 pro-democracy activists. This ruling sparked immediate criticism from human rights organisations.
In a decision handed down last Thursday, a bench of national security adjudicators, selected by the Hong Kong government, ruled that 14 individuals had transgressed the national security law by organising non-official election preliminaries in 2020. Those convicted consist of one coordinator and 13 nominees, the majority of whom are former political figures.
After an extended 10-month trial, which wrapped up in December, following over 1,000 days since these individuals were initially apprehended, the guilty party includes former legislators, activists like Helena Wong, seasoned campaigner Leung “Long Hair” Kwok-hung, reporter Gwyneth Ho, and Gordon Ng, a dual citizen of Hong Kong and Australia.
Two accused parties – ex-district councillor Laurence Lau Wai-chung and former social worker Lee Yue-shun – were absolved of the offence. Both had participated as candidates in the preliminaries, marking the first instances of acquittal ensuing a prosecution under the 2020 national security law.
These 16 individuals were the sole ones from a group of 47, who were charged at the dawn of 2021 after large-scale raids on their personal dwellings and professional premises by national security officers, who rejected the charges. A majority of the group have since been incarcerated. The outcomes of the cases of the remaining 31 who conceded guilt are still pending. The magistrates elected to conclude the others’ trial prior to proceeding with the sentencing.
Those convicted from among the 45 campaigners could be facing lifetime sentences.
On the morning of the verdict, all 16 defendants were present in the enclosure shielded by a glass panel. A panel of three judges announced the ruling before adjourning the session to allow all sides time to comprehend the decision and deliberate on any additional steps they intended to take. Initially, Lau and Lee were permitted to exit the enclosure, but the prosecution requested that they continue to be held on bail, pending their consideration of appeals.
The court’s decision, now available online, stated that the group’s objective to establish a majority in the Legislative Council of Hong Kong, which would enable them to obstruct budget bills and attempt to oust the chief executive if she declined the pro-democracy faction’s demands, infringed Hong Kong’s mini-constitution, known as the Basic Law.
The authorities in Hong Kong had stated that any action that may severely hinder, disrupt or sabotage the operation duties of the Government would unequivocally pose a risk to the nation’s security. Prior to the general polls, preliminaries were conducted on the 11th and 12th of July under the direction of activist and legal expert, Benny Tai. Benny Tai had been involved in the orchestration of the 2014 “umbrella movement” demonstrations, leading to him serving a fraction of his 16-month prison term.
These preliminaries were not unprecedented in Hong Kong, with similar events happening in pro-establishment areas. However, they occurred notably not long after the initiation of the National Security Law (NSL). The NSL was decreed by Beijing to aid Hong Kong’s administrators in eliminating the lingering pro-democracy movement in the aftermath of the 2019 mass demonstrations.
Before these preliminaries, Erick Tsang, a minister in Hong Kong, had suggested in an interview that these events could contravene the NSL. Despite these forewarnings, the organisers proceeded and over 600,000 residents of Hong Kong participated. This sizeable turnout was broadly perceived as an act of defiance against the government’s suppression.
On the day of the verdict, many had expected the guilty outcome, but the announcement led to visible distress outside the court, with supporters shedding tears. Numerous supporters, including a conspicuous activist known as Grandma Wong, had been present during the hearing. Some had even queued overnight to ensure their attendance. Grandma Wong brandished a Hong Kong flag outside the court, voicing her protest.
The proceedings were closely followed by foreign dignitaries primarily from the European Union, including Matthias Kauffmann, the deputy chief of the EU’s Hong Kong office. The EU representatives attended the trial in a show of solidarity and commitment to global human rights and democracy.
The case of the “Hong Kong 47” has garnered criticism from legal and human rights entities, along with foreign administrations. Allegations of political motivation and denial of procedural fairness pertaining to the lengthy, judge-only trial with numerous delays have been prevalent.
The crackdown by the Hong Kong government has left the city bereft of substantial political opposition. Many have been incarcerated or frightened into silence, and a significant number have sought refuge overseas, including those with pending charges. Large rewards have been announced for the capture of several “runaways”, causing multiple countries harbouring those who’ve fled Hong Kong to terminate their bilateral extradition agreements.