The trial of 16 Hong Kong democracy activists charged under a national security law imposed by China began with security tight for a case that some observers say will be a test of the city’s judicial independence.
For Monday’s trial, the defendants are those who pleaded not guilty out of 47
arrested in a dawn raid in January 2021 and charged with
conspiracy to commit subversion for participating in an
unofficial primary election organised by democracy supporters in
2020.
More than 100 people queued for seats in the court’s public
gallery with dozens of police on standby and a bomb disposal
vehicle deployed.
“There’s no crime to answer. It is not a crime to act
against a totalitarian regime,” defendant and former lawmaker
Leung Kwok-hung, known by the nickname “Long Hair”, told the
court.
Judge Andrew Chan responded that the hearing was a “solemn
occasion” and asked for respect from the defendants and members
of the public.
Prosecutors have described the primary election – held to
select the strongest candidates to contest an election for the
city’s assembly, the Legislative Council (LegCo), as a “vicious
plot” to subvert the city government and to wreak “mutual
destruction” on it by taking control of the city parliament.
“Running for the LegCo election is what kind of illegal
means, what kind of violent threat?” Chan Po-ying, chairwoman of
League of Social Democrats and Leung’s wife said outside the
court.
READ MORE: Six ex-Hong Kong newspaper staff plead guilty in anti-China protests case
Controversial trial
The trial is expected to last 90 days, with three defendants
expected to testify against the others, prosecutors say. The
defendants face sentences of up to life in jail if convicted.
Those who have pleaded not guilty include former journalist
Gwyneth Ho, activist Owen Chow and labour unionist Winnie Yu.
All who pleaded guilty, including former law professor Benny
Tai and prominent activist Joshua Wong, will be sentenced after
the trial.
The then British colony was returned to China in 1997 under
a “one country, two systems” formula meant to guarantee its
freedoms and an independent legal system for 50 years.
China denies interfering with the city’s way of life but
some Hong Kong residents over the years criticised what they saw
as the erosion of freedoms by an increasingly assertive Beijing.
Beijing imposed a national security law on the city in 2020
after months of at times violent pro-democracy protests.
Western governments have criticised the law, which punishes
subversion, collusion with foreign forces and terrorism with up
to life in prison, as a tool to crush dissent.
Chinese and Hong Kong authorities say the law has brought
stability to the Asian financial hub.
Since the law was imposed, more than 230 people have been
arrested, including newspaper editors following police raids on
media outlets, while labour unions and civil society groups have
disbanded.
Thirteen of the 47 arrested were granted bail in 2021, while
the other 34 – including 10 who pleaded not guilty – have been
in pre-trial custody.
The case has drawn international criticism, as government
prosecutors repeatedly asked for more time to prepare legal
documents and gather evidence.
Among a number of departures from established common law
procedures, Secretary for Justice Paul Lam declined to let the
defendants face a jury trial. The case is being heard by three
High Court judges designated under the national security law:
Andrew Chan, Alex Lee and Johnny Chan.
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