Hong Kong finds 14 activists guilty of subversion in largest trial against pro-democracy movement

14 leading figures of the Hong Kong pro-democracy movement have been found guilty of subversion this Thursday, in the largest and most significant process of this type since China imposed the draconian National Security law on the semi-autonomous enclave in 2020 with the intention of deactivating the dissent. The 14 defendants, in addition to 31 others who had previously pleaded guilty, face sentences of between three years in prison and life in prison. The sentences will be made public later. Two other defendants have been acquitted, becoming the first two people tried under the LSN to be cleared of charges. The verdicts come more than three years after police arrested these 47 opponents on suspicion of “conspiring to subvert state power” through their participation in an informal primary election in July 2020.

In the early hours of January 6, 2021, 55 opposition politicians and activists were arrested for their relationship with that unofficial call for elections, in which some 600,000 votes were cast, and whose objective was to seek unified candidacies for the elections. legislative meetings that Hong Kong should have held in September 2020, and which were postponed due to the pandemic. Of those 55 detained, 47 were charged shortly after, accused of being part of a “perverse plan” to “paralyze” the Hong Kong Government and, therefore, undermine China’s national security.

In a brief summary of the verdict published by the court on Thursday, judges Andrew Chan, Alex Lee and Johnny Chan argue that, if the defendants had been successful, it would have created “a constitutional crisis for Hong Kong” and would have “seriously interfered, disturbed or undermined the government’s performance of duties and functions in accordance with law [de Hong Kong]”.

The intention of the activists was to enter with a unitary opposition formation in the Legislature, whose seats are now dominated by candidates considered “patriotic” and supporters of Beijing, after the electoral rules were rewritten in 2021 to implement a more rigorous selection system. strict. The prosecution in court argued that if the opposition had controlled the legislative council, it would have been able to veto the government budget and force the chief executive to accept key demands put forward by protesters in 2019.

Most of the defendants have been detained since February 28, 2021, when they were first brought to justice. They are a heterogeneous group of politicians, academics, journalists, health workers and activists (39 men and eight women), aged between 27 and 68, and from a wide political spectrum (from moderate democrats to those who advocate self-determination of Hong Kong).

The macro-trial, which began in February 2023, was carried out without a jury and was carried out by a panel of three judges chosen from a group of jurists hand-picked by the Hong Kong Government, which has been highly criticized by the West. and defenders of democracy. “This unprecedented mass conviction is the most ruthless example to date of how Hong Kong’s National Security Law is being used as a weapon to silence dissent,” Sarah Brooks, Amnesty International’s China director, said in a statement. . “It represents an almost total purge of the political opposition,” Brooks charges.

Drafted after the 2019 protests, the National Security Law has rewritten the city’s political landscape and, according to its critics, has mortally wounded the regime of freedoms that China had committed to guaranteeing the autonomous territory until 2047. It has It has decimated the opposition, virtually erased dissent and forced all independent media to close. Hong Kong and Chinese officials argue, however, that the law, which criminalizes secession, subversion, terrorism and collusion with foreign forces, has ended the chaos and “restored stability” in the city.

Among the defendants who pleaded not guilty and were sentenced this Thursday are journalist-turned-activist Gwyneth Ho, 33, famous for live broadcasting an attack on pro-democracy protesters in a subway station, and former legislator Leu Kwok-hung , 68, progressive activist who began his long political career campaigning against British colonial rule. Lau Wai-chung and Lee Yue-shun, both former district councillors, have become the first two people acquitted in such cases. Before Thursday’s verdict, 114 people had been found guilty of crimes linked by law.

Sentence reduction

“I shouldn’t be the center of attention today. I hope that the focus and concern for our friends in the case is maintained,” Lau wished to the media. For his part, Lee said: “Because the Department of Justice can appeal, I cannot comment on the ruling at this stage. I can only tell you that I feel very calm and thank you for your concern.”

Human Rights Watch has also criticized the sentences in a statement, arguing that the pro-democracy leaders were prosecuted “for peaceful activism” and that the verdict shows “a total disregard for democratic political processes and the rule of law.”

The vast majority of the defendants (31) have pleaded guilty to the crimes, an appeal that in Hong Kong normally leads to a reduced sentence. The strategy, however, is in doubt after another local law enacted earlier this year restricted access to reduced sentences for guilty pleas. Among these defendants is Joshua Wong, 27, known internationally as the face of the city’s student protests and branded an “extremist” by Chinese state media, and Benny Tai, 59, a former law professor and one of the ideologues of the mobilizations that gave rise to the known as the Umbrella Movement of 2014, as well as promoter of the primary elections.

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