Hong Kong democracy activists convicted in landmark national security trial after lengthy detention

Thursday saw the conviction of 14 democracy figures in Hong Kong on subversion charges, marking a significant development in Beijing's national security crackdown on the city. These activists and politicians were found guilty of planning to commit subversion by organizing an unofficial primary election in 2020 to determine candidates for city lawmaker elections.

They were part of a group of 47 defendants who were involved in a trial known as the "Hong Kong 47" - the biggest prosecution under a national security law imposed by Beijing after widespread anti-government protests in the city.

The defendants in the trial were from various backgrounds within Hong Kong's democracy movement, which has since been dismantled, and the majority of them admitted guilt during the legal proceedings.

But instead of accepting the charges, 16 activists and politicians chose to go to trial. The trial lasted for over a year, and on Thursday, two of them were found not guilty and were able to leave the court without any charges.

The conviction of the “Hong Kong 47” provides a clear view of how the national security law has changed the city's political scene. The once-allowed pro-democracy opposition has been greatly reduced, and any form of dissent has almost disappeared.

The governments of Hong Kong and Beijing have consistently rejected the notion that the national security law is limiting freedoms, stating that it has put an end to disorder and brought back stability to the city.

According to those undergoing trial, as well as prosecutors and the Hong Kong government, the individuals involved were part of a scheme to overthrow the city's government, thus posing a threat to China's national security.

Supporters argue that they were just participating in the type of oppositional politics that used to thrive in Hong Kong. Their prosecution is seen as a sign that China now has complete control over the once-vocal city.

Ever since the national security law was implemented in 2020, civil groups have dissolved and independent media organizations have been closed down. The city's legislature is now made up solely of pro-Beijing supporters, with many pro-democracy leaders either imprisoned or living in exile abroad.

The 47 defendants were arrested in dawn raids on January 6, 2021, which was 1,240 days ago. Most of them have been in detention for over three years.

The group consists of seasoned politicians, elected lawmakers, young protest leaders, academics, unionists, journalists, and medical workers. They come from different generations and political beliefs, ranging from moderate democrats to those who support Hong Kong's self-determination.

Former journalist Gwyneth Ho, 33, and former lawmaker Leung Kwok-hung, 67, were among those who pleaded not guilty but were convicted on Thursday. Ho gained attention for live-streaming an attack on pro-democracy demonstrators in a subway station, while Leung, also known as "Long Hair," has been a longtime left-wing activist who started his political journey by opposing British colonial rule.

After the verdicts were announced, emotions ran high in the courtroom. Some family members openly cried and waved to the defendants, showing their support. The defendants themselves had mixed reactions - some smiled and waved back, while others appeared resigned to the outcome.

Former district councilors Lawrence Lau and Lee Yu-shun, who participated in the unofficial primary organized by democrats in 2020, have been acquitted. They are the first defendants to be acquitted in a national security law trial in Hong Kong.

After being released from court, Lau, a barrister, humbly stated, "Today, I shouldn't be the focus of attention. Hope everyone will continue to pay attention to other friends in the case. Thank you very much for the concern over all the defendants of this case, please, please carry on your concern and give them love."

The remaining 45 now await sentencing at a later date and could face a maximum punishment of life imprisonment.

A ‘vicious plot’?

The "Hong Kong 47" case stemmed from an unofficial primary election organized by the pro-democracy opposition in July 2020 for the city's legislature. Their aim was to identify the strongest candidates to increase their chances of winning, similar to primary elections in other democracies.

However, Hong Kong officials labeled the primary election as a "vicious plot" designed to disrupt the government and weaken state authority. They accused participants of planning to obstruct legislation without discrimination using their mandate.

The defendants had hoped to win the Legislative Council election by holding the primary vote. However, it was postponed to 2021 due to Covid health concerns cited by the authorities during the pandemic.

During the postponement, Beijing and Hong Kong authorities rewrote the city’s electoral rules. They implemented a stricter screening system to weed out candidates deemed "unpatriotic."

Hong Kong’s Legislative Council does not have any pro-democracy lawmakers at the moment. Additionally, the upcoming district council elections in December will not have any pro-democracy candidates.

In a trial without a jury, the majority of defendants (31) pleaded guilty. In Hong Kong, this usually results in a reduced sentence. However, the effectiveness of this strategy is now uncertain due to a new local national security law implemented earlier this year, which limits access to reduced sentences for guilty pleas.

Joshua Wong, 27, who became internationally known for leading student democracy protests in Hong Kong, was labeled an "extremist" by China's state media. Benny Tai, 54, a former law professor and co-founder of the 2014 Occupy Central movement, and Claudia Mo, 66, a former journalist turned legislator, were also among those included.

Eric Lai, a research fellow at Georgetown Center for Asian Law, highlighted that the 47 defendants are not just individual activists. Many of them are former lawmakers, party leaders, and prominent liberal scholars and journalists who have played significant roles in Hong Kong's opposition movement.

“It is a trial of the pro-democracy movement in Hong Kong.”

Sweeping changes

Hong Kong’s democracy activists are familiar with courtrooms, many having been imprisoned for their activism. However, the trial of the “Hong Kong 47” highlighted the impact of the national security law, which criminalizes actions such as secession, subversion, terrorism, and collusion with foreign powers, with a maximum penalty of life imprisonment.

The wording and implementation of this law align more closely with the legal system in mainland China, where courts are heavily influenced by the ruling Communist Party and have an extremely high conviction rate of over 99.9%. In contrast, Hong Kong operates under a common law system that has remained unchanged since the territory was returned to Chinese control in 1997.

The trial, in a departure from common law tradition, has been conducted without a jury, as permitted by the Beijing-imposed law. A panel of three High Court Judges appointed by the city’s Chief Executive is overseeing the proceedings for national security cases, marking a significant shift as no such cases have previously been heard by a jury.

Under the new law, bail requirements have been made more stringent. Out of the thirty-two defendants, none have been granted bail and have remained in detention since 2021 – a departure from the norm especially for cases not involving murder. Only fifteen defendants were granted bail initially, but two had their bail revoked later due to violating the conditions.

The trial of the "Hong Kong 47" highlights the introduction of mainland legal concepts and laws into the common law system, according to John Burns, emeritus professor at the University of Hong Kong.

Burns noted that the national security law has significantly diminished the independence and autonomy of the judiciary. The absence of juries and stricter bail requirements are now decided by judges, unlike before.

Legal experts and governments in the West have expressed concern about the impact of the national security law on Hong Kong's judicial independence. However, officials in Beijing and Hong Kong have cautioned foreign entities against meddling in the city's internal affairs and legal system.

Prior to the start of the trial in February, the Hong Kong government denounced criticism of the proceedings as an attack on the criminal justice system and a direct challenge to the rule of law in Hong Kong.

Editor's P/S:

The conviction of 14 democracy figures in Hong Kong on subversion charges is a stark reminder of the erosion of freedom and democracy in the once-vibrant city. The national security law imposed by Beijing has become a tool to silence dissent and dismantle the pro-democracy movement. The trial, conducted without a jury and with stringent bail requirements, further undermines the independence of the judiciary and the rule of law in Hong Kong.

The defendants in the "Hong Kong 47" case represent a broad spectrum of Hong Kong's democracy movement, including seasoned politicians, elected lawmakers, young protest leaders, and academics. Their conviction sends a chilling message that any form of