Hong Kong’s largest national security trial opens

Dennis TFebruary 6, 2023

16 2 minutes read

Hong Kong‘s largest national security trial opened Monday with dozens of pro-democracy figures accused of trying to topple the government in a case critics say reflects the criminalisation of dissent in the Chinese territory. The 47 defendants, who include some of the city’s most prominent activists, face up to life in prison if convicted.

Sixteen of them have pleaded not guilty to charges of “conspiracy to commit subversion” related to an unofficial primary election organised ahead of legislature polls.

The other 31 have pleaded guilty and will be sentenced after the trial. A rare, small protest erupted before the court convened, despite the large number of police. The defendants maintain they are being persecuted for routine politics, while rights groups and observers say the trial illustrates how the legal system is being used to crush what remains of the opposition.

Most of the group have already spent nearly two years behind bars. They now face proceedings expected to last more than four months, overseen by judges handpicked by the government.

The case is the largest to date under the sweeping national security law, which China imposed on Hong Kong after huge democracy protests in 2019 brought tear gas and police brawls onto the streets of the Asian financial hub.

Wielded against students, unionists and journalists, the law has transformed the once-outspoken city to more closely resemble the authoritarian mainland. More than 100 people had queued outside the court, some overnight, hoping to see the trial begin on Monday.

Chan Po-ying, a veteran campaigner and wife of defendant “Long Hair” Leung Kwok-hung, joined supporters carrying a banner that read “Crackdown is shameless” and “Immediately release all political prisoners”.

“This is political persecution,” she told journalists outside the court. Inside, Leung repeated his not guilty plea, adding: “Resisting tyranny is not a crime.”

Those on trial represent a broad cross-section of Hong Kong’s opposition — including prominent legal scholar Benny Tai, former lawmakers Claudia Mo, Au Nok-hin and Leung Kwok-hung, and activists Joshua Wong and Lester Shum.

Most — 34 out of 47 — have been denied bail, while the few released from custody must abide by strict conditions, including speech restrictions.

Families of the accused have criticised these measures as a kind of “social death. Hong Kong authorities later scrapped the official election, and Beijing brought in a new political system that strictly vetted who could stand for office.

The case has attracted international criticism, and diplomats from 12 countries including the United States, United Kingdom, Australia and France were seen queuing to get into the court.

“This is a retaliation against all the Hong Kongers who supported the pro-democratic camp,” Eric Lai, a fellow of Georgetown University’s Center for Asian Law, told AFP of the trial.

“Beijing will go all out — even weaponising the laws and court — to make sure democratic politics in Hong Kong cannot go beyond the lines it drew. The trial is being heard in an open court but without a jury, a departure from the city’s common law tradition.

“It is as if the national security law is now the new constitution for Hong Kong and the judges are playing their role in making sure that happens,” said Dennis Kwok, Hong Kong’s former legal sector legislator.

Weeks before the hearings began, Hong Kong’s Chief Justice Andrew Cheung defended the courts against accusations of politicisation.

Source: eNCA