National Security Trials in Hong Kong: Revisiting the Intersection of Civil Rights

Don't miss out on CNN's Meanwhile in China newsletter, delving into the country's rise and its global impact. Currently, the fate of several prominent pro-democracy figures in Hong Kong hangs in the balance as two trials shine a spotlight on the implications of Beijing's national security law on the once outspoken city.

The closely monitored trial of media magnate Jimmy Lai commenced on Monday, with accusations of "colluding with foreign forces" in the spotlight. In a separate national security case, lawyers gave their closing statements last month for the "Hong Kong 47," a group of activists and politicians, including former student activist Joshua Wong, who were arrested three years ago for organizing an unofficial primary election to nominate city lawmaker candidates.

The twin trials are one of the most high-profile cases to be conducted under Beijing's national security law, which was implemented in 2020 following the widespread pro-democracy protests in 2019. Both Beijing and Hong Kong authorities claim that the law has restored stability and closed loopholes that previously allowed interference from foreign forces. They have consistently denied that the law suppresses freedoms.

The legal landscape in Hong Kong has been drastically changed, leading to a reduction in basic civil and political rights, according to rights organizations, media groups, and critics. The city was once renowned for its strong culture of protest, free press, and internationally recognized legal system. The outcome of the upcoming trials will indicate how political actions, previously seen as part of the city's vibrant civil society, are now being handled.

The trials, with verdicts anticipated next year, coincide with Hong Kong's intentions to increase the range of national security crimes with new laws. While officials claim the new legislation will address "gaps" in Beijing's regulations, critics worry it may lead to further erosion of freedoms and international trust in the city. Here's what you need to understand:

Whos on trial and what are the charges?

Lai, aged 76, was one of the initial individuals to be apprehended following the implementation of the national security law on June 30, 2020. He is currently facing trial for three allegations of collaborating with foreign entities under the national security law, as well as a separate charge under the city's colonial-era sedition act. Lai has entered a plea of not guilty to all the charges.

The founder of the pro-democracy, anti-Beijing newspaper Apple Daily had already served approximately three years in jail and received additional sentences related to protests and business dealings at the paper's offices.

Lai had consistently criticized the ruling Communist Party of China, which was evident in the content of his now-defunct newspaper. In 2019, during the protests, he went to the United States to engage in discussions with politicians about the political situation in Hong Kong - an action viewed by Beijing as collaborating with foreign powers to destabilize China's security.

The national security trial of Hong Kong pro-democracy media mogul Jimmy Lai has begun, raising the prospect of him facing life in prison. Lai is known as one of the most outspoken critics of the Chinese Communist Party.

Anthony Wallace/AFP/Getty Images

Jailed Hong Kong pro-democracy media tycoon Jimmy Lai faces his biggest trial yet

Hong Kong 47 is comprised of a diverse group of individuals, including experienced politicians, elected lawmakers, young protest leaders, academics, unionists, journalists, and medical workers. Their backgrounds span different generations and political beliefs, from moderate pro-democracy supporters to those advocating for Hong Kong's self-determination.

Notable members of the group include 27-year-old Joshua Wong, known internationally for his role as a young leader in Hong Kong's student-led democracy protests, 59-year-old legal scholar and co-founder of the 2014 Occupy Central movement, Benny Tai, and 66-year-old former journalist turned legislator, Claudia Mo.

They face charges of "conspiring to commit subversion" for organizing an unofficial primary election in 2020, less than two weeks after the security law was implemented. The purpose of the primary was to determine which candidates would run for city lawmaker positions and to provide pro-democracy politicians with the best opportunity to secure a legislative majority. The election drew participation from hundreds of thousands of voters.

The defendants argue that their plan was an integral part of the pluralistic, oppositional politics that has traditionally been allowed in Hong Kong. However, prosecutors contend that it constituted a "large and well-coordinated effort to undermine the Hong Kong government."

In national security trials, the maximum sentence is life in prison.

Police lead Hong Kong pro-democracy publisher Jimmy Lai away from his home after he was arrested under the national security law on August 10, 2020.

Vernon Yuen/AFP/Getty Images

How are national security trials different from other proceedings?

The national security law, drafted and approved in Beijing for Hong Kong, criminalizes acts of secession, subversion, terrorism, and collusion with foreign forces.

It also permits deviations from the common law in terms of trial procedures. To date, no national security cases in the city have been presented to a jury. Instead, they have been adjudicated by a panel of three high court judges appointed by the city's Beijing-selected Chief Executive. These judges are drawn from the current pool of the city's judiciary and are selected for their "judicial and professional qualities," as per the government's statement.

As of this week, official figures provided to CNN on Tuesday show that 172 individuals have been charged under the national security law. Data collected by Georgetown University's Center for Asian Law research fellow, Eric Yan-ho Lai, reveals a 100% conviction rate in over 100 completed trials.

Chief Superintendent of Police Li Kwai-wah and Senior Superintendent Hung Ngan hold a press conference in Hong Kong, China on December 14, 2023, to announce the issuance of arrest warrants for activists Simon Cheng, Frances Hui, Joey Siu, Johnny Fok, and Tony Choi.

Hong Kong police have recently announced new financial rewards for self-exiled activists, even including a US citizen. In extreme cases, there is also the possibility for cases to be sent to mainland China for trial, although this provision has not been utilized so far.

The bail threshold has been raised, resulting in 32 out of 47 defendants being denied bail and detained since 2021. This is uncommon for non-murder cases. Additionally, two more defendants had their bail revoked for breaching conditions. Another significant change is that Hong Kong courts now require approval from the city's leader to allow foreign lawyers without local qualifications to represent defendants in national security cases.

Lai, a British citizen, has been prevented from having a British lawyer represent him, due to a decision being challenged in a separate legal process. The government has also offered rewards for activists living abroad and in self-imposed exile, including foreign nationals, and has questioned family members in Hong Kong.

What are the broader implications of the national security law on media, education and life in the city?

Meanwhile, a sedition law from the colonial era, which was previously unused since the 1938 Crimes Ordinance, has been reintroduced as part of the national security law. Anyone found guilty could face up to a two-year prison sentence.

Since the law took effect in July 2020, books that could pose a national security risk were removed from schools and libraries, school curricula were revised to include national security education, and electoral reforms were implemented to allow only "patriots" to run for office. Additionally, a prominent protest slogan was prohibited, and several civic organizations, unions, and activist groups disbanded.

Furthermore, a new national security office was established, along with a specialized police unit, and security agents from mainland China were authorized to openly carry out operations in Hong Kong for the first time.

During a press conference in July 2021, Li Kwai-wah, senior superintendent of Police National Security Department, showcased three children's books that were used as evidence in the sedition law case.

Vincent Yu/AP

Five Hong Kong speech therapists convicted of sedition over childrens books about wolves and sheep

Hong Kong's press freedom has seen a significant decline, with the country falling 60 places on a ranking of press freedoms between 2021 and 2023. It now ranks 140 out of 180 countries and territories, compared to its previous ranking of 80. Reporters without Borders (RSF) noted the decline, highlighting that two decades ago, Hong Kong was ranked 18th in the world for media freedoms.

The decline in press freedom has had real consequences, with Lais Apple Daily being forced to close after authorities froze the paper's bank accounts following a June 2021 raid on its office. The raid resulted in the arrest of several executives. Stand News also closed after being raided by national security police and having executives arrested on sedition charges. This crackdown has led to a shrinking media landscape in Hong Kong.

During Lai's trial, the prosecution claimed that Apple Daily's articles breached the law.

Amid strict border restrictions due to the Covid-19 pandemic and Hong Kong's changes under the national security law, a significant number of Hong Kongers left the city, leading to the sharpest annual population decline on record in 2022, according to official data.

Joshua Wong (center) and other prominent pro-democracy activists campaign during an unofficial primary election in Hong Kong on July 12, 2020.

ISAAC LAWRENCE/AFP/AFP via Getty Images

What do governments say about the law?

Officials from both Hong Kong and mainland China have lauded the National Security Law as a crucial step in restoring prosperity and stability to the city in the wake of the 2019 protests. They have emphasized that the law safeguards rights, freedoms, and the rule of law, and have hailed its undeniable role in stabilizing society. Former Chief Executive Carrie Lam declared the law as a major turning point in Hong Kong's shift from chaos to order.

The authorities have consistently defended the law, stating that it aligns with international standards. They argue that no country can ignore threats to national security, such as the emergence of local terrorism and separatism witnessed in Hong Kong in 2019.

The Hong Kong government recently stated that while press freedom is respected and protected, it is not absolute and is subject to legal restrictions. These restrictions are deemed necessary for pursuing legitimate aims, such as protecting national security and public order.

Residents cross the street in front of a wall of campaign banners for the district council elections in Hong Kong on December 10, 2023.

Vernon Yuen/NurPhoto/Getty Images

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Western governments argue that the law has significantly curtailed freedoms in Hong Kong and diminished its independence from the mainland. Rights groups have consistently highlighted arbitrary arrests and politically motivated investigations, as well as a conviction rate exceeding 99%. Since transitioning from British rule to Chinese sovereignty in 1997, Hong Kong was guaranteed 50 years of extensive political autonomy.

In reaction to the imposition of national security laws, the US canceled Hong Kong's special status that had allowed for different treatment compared to mainland China. It also imposed sanctions on numerous officials from mainland China and Hong Kong, including then-Chief Executive Lam and current leader John Lee, effectively preventing their access to the international banking system.

Similarly, the United Kingdom condemned the national security law, stating that it restricted freedoms and violated the terms of the original handover agreement. As a result, Britain introduced a new route to citizenship for Hong Kong residents holding a British National (Overseas) passport.

Last year, two senior British judges resigned from Hong Kong's highest court due to concerns over the law. Robert Reed, who leads Britain's top judicial body, accused the Hong Kong government of straying from the principles of political freedom and freedom of expression.

Following the implementation of the law, the US, UK, and other countries halted their extradition agreements with Hong Kong due to worries about a weakening rule of law and a shift in the territory's relationship with the mainland.

During a routine assessment in the previous year, experts from the United Nations Human Rights Committee expressed serious concern about the overly broad and arbitrary enforcement of the law, noting that it infringes upon fundamental rights and freedoms.

In response, Hong Kong criticized the committee for embracing erroneous information and distorted narratives, ignoring the truth.

What will Hong Kongs own security law mean for the city?

Despite the significant effects of Beijing's national security law, Hong Kong authorities have announced their intention to introduce new local legislation in the next year to address any existing "gaps."

The legislation would extend to include offenses such as treason and theft of state secrets, and specifically prohibit foreign political organizations from engaging in political activities in the region. It would also forbid local political organizations from forming connections with foreign entities.

Hong Kong is mandated to implement these regulations according to its mini constitution established in 1997. However, the process has been a source of controversy for years, with a 2003 proposal sparking widespread protests and drawing hundreds of thousands of people to the streets.

In his annual address in October, Chief Executive Lee referred to an assessment of the city by Xia Baolong, head of Beijings agency overseeing Hong Kong affairs. Lee then reiterated his commitment to implementing the law, stating that "While Hong Kong may seem peaceful and calm on the surface, there are underlying issues that have not been resolved, and the foundation of orderly governance needs to be strengthened," quoting Xia.

Reporting by Chris Lau and Kathleen Magramo of CNN.