Final Defense Mounts for Hong Kong's Pro-Democracy Leaders as Landmark National Security Trial Approaches Conclusion

Forty-seven prominent pro-democracy figures in Hong Kong are nearing the conclusion of the city's largest national security case, with prosecutors and lawyers returning to court to deliver closing speeches almost three years after the mass arrests. The activists and politicians are facing charges of "conspiracy to commit subversion" for their involvement in organizing an unofficial primary election in 2020 to determine candidates for city lawmaker elections.

The individuals on trial argue that the plan was just a component of the diverse and opposing politics that has been allowed in Hong Kong for a long time. Prosecutors claim that it constituted a "massive and well-organized scheme to undermine the Hong Kong government."

If found guilty, they could potentially be sentenced to life imprisonment.

The prosecution represents the most extensive crackdown on Hong Kong's pro-democracy movement since Beijing imposed a national security law on the semi-autonomous city in 2020, following mass anti-government protests the year before.

For critics, the trial of the "Hong Kong 47," as the defendants are now called, offers a clear glimpse into how the national security law has restricted political dissent and activism in the once vocal city - even through channels that were previously allowed in its limited democracy.

The majority of the suspects have been in custody for over two years in a case that is under close scrutiny to see how Hong Kong's respected judiciary will enforce the national security law during a period of increased control by Beijing. The government of Hong Kong has consistently refuted claims that the national security law is limiting freedoms, instead asserting that it has quelled disorder and brought stability back to the city.

The 47 defendants comprise experienced politicians, elected officials, and young protest leaders, as well as academics, union members, journalists, and healthcare workers. They come from various generations and a wide range of political beliefs, from moderate democrats to those advocating for the self-determination of Hong Kong.

Among the notable individuals are Joshua Wong, 27, who became internationally recognized as the symbol of Hong Kong's student-led democracy protests, Benny Tai, 59, a legal expert and co-founder of the Occupy Central movement in 2014, and Claudia Mo, 66, a former journalist who is now a legislator.

Outside the courthouse on Wednesday morning, a significant number of police officers could be seen patrolling the premises. One supporter, Alexandra Wong, was taken away by the police for a search after she was observed waving a British flag outside the court.

"Grandma Wong," a 67-year-old, became a familiar face on the frontlines of Hong Kong's pro-democracy protests. Following her initial appearance in court, she returned and displayed a banner with the message "Free 47."

Former law professor Benny Tai arrives at court in a police van in March 2021.

AP

Long-winding legal process

The arrest of 47 democracy advocates occurred in a large-scale operation at dawn in January 2021, and they were formally charged two months afterward. Thirty one of them have admitted guilt, a decision that can result in a lighter sentence under the laws of Hong Kong.

The case of the 16 defendants who pleaded not guilty started being heard at the West Kowloon Court in February of this year. After 116 days of hearings, the lawyers for these defendants have returned to court to make their final effort to defend their clients' innocence.

One of the defendants pleading not guilty is former journalist Gwyneth Ho, 33, who live-streamed a mob attack on pro-democracy demonstrators inside a subway station. Another defendant is former lawmaker Leung Kwok-hung, 67, known by the nickname "Long Hair," and for his active presence on the front lines of the city's pro-democracy movement for decades.

Prosecutors are anticipated to present the final portion of their case against the activists in court. However, a verdict is not expected soon due to the lengthy final speeches and extensive legal documents submitted, which will take days for both sides to conclude. The judges in Hong Kong will also require time to deliberate before delivering a verdict and explanations.

The charges are related to a primary election held by opposition activists and politicians in July 2020 to choose the best candidates for the Legislative Council election scheduled later that year.

These types of intra-political competitions are common in democracies worldwide. While Hong Kong has never been a full democracy, a minority opposition was tolerated for many years after the 1997 handover from Britain to China.

The previously outspoken landscape underwent a transformation following the massive and occasionally turbulent 2019 democracy protests and the decisive victory of opposition figures in the local district council elections later that year.

The pro-democracy camp aimed to secure sufficient seats in the legislature through the primaries to effectively block government bills.

The primary vote in Hong Kong has been deemed a "vicious plot" by authorities, aimed at "paralyzing the government and undermining state power" by securing a majority of seats and utilizing the mandate to obstruct legislation.

Voters waiting to vote during primary elections in Hong Kong on July 12, 2020.

ISAAC LAWRENCE/AFP/AFP via Getty Images

Sweeping changes

Democracy activists in Hong Kong are familiar with courtrooms, having been tried and imprisoned for their activism in the past. However, the trial of the "Hong Kong 47" is the most significant prosecution of democracy leaders under Beijing's rule, and is being closely monitored both within the city and abroad.

The trial offers new insight into the impact of Hong Kong's national security law on its legal system, which now criminalizes secession, subversion, terrorism, and collusion with foreign powers with a maximum penalty of life imprisonment. Unlike mainland China, where courts are tightly controlled by the Communist Party and maintain a conviction rate of over 99.9%, Hong Kong follows a common law system that has remained in place since its return to Chinese rule in 1997.

National security cases are establishing new legal precedents. The trial of the "Hong Kong 47" has been conducted without a jury, diverging from the common law tradition due to the authority granted by the Beijing-imposed law. The trial is overseen by a panel of three High Court Judges appointed by the city's Chief Executive to handle national security cases, marking a departure from the norm of having national security cases heard in front of a jury.

The law sets a stricter standard for bail, resulting in 32 defendants being denied bail and detained since 2021 - an uncommon practice for non-murder cases. Only 15 were granted bail, but two had their application revoked for breaching bail conditions. Additionally, the law allows for cases to be transferred to the mainland for trial under extreme circumstances. John Lee, the Chief Executive of the city, was questioned about the potential impact of a proposed bipartisan bill in the US calling for sanctions on Hong Kong officials, judges, and prosecutors involved in national security cases, on the transfer of cases across the border.

Lee expressed confidence in Hong Kong's ability to address the national security risks, including high-profile cases, relying on the city's judges and law enforcement officials.

While legal scholars and Western governments have criticized the impact of the national security law on the city's judicial independence, Beijing and Hong Kong authorities have defended it as necessary for national security and cautioned foreign parties against meddling in the city's internal affairs and legal system.

Before the trial commenced in February, the Hong Kong government condemned the trial as "scandalizing the criminal justice process" and "a blatant act undermining Hong Kong's rule of law."

The defendants had planned to win the Legislative Council election through the primary vote, but it was postponed until 2021 due to health concerns related to the coronavirus pandemic cited by the authorities.

During the delay, officials in Beijing and Hong Kong revised the electoral regulations for the city, implementing a more rigorous vetting process to eliminate candidates considered "unpatriotic."

Presently, Hong Kong's Legislative Council lacks pro-democracy representatives, and the upcoming December district council elections similarly lack any pro-democracy candidates.