Hong Kong: Activists back in Court

Nearly 50 Hong Kong pro-democracy opposition figures, charged, detained and face court national security law violation. The  pro-democracy political figures, a broad cross-section of Hong Kong residents, face charges of subversion under the city’s controversial national security law.

Journalist Tommy Walker has the latest from Hong Kong.  

After January’s pre-dawn raids that saw 55 Hong Kong pro-democracy political figures arrested under the city's controversial national security law, court action has finally got under way this week. 

Forty-seven were ordered to report to various police stations across the city on Sunday, weeks earlier than anticipated. 

A press release was published on the Hong Kong Government website, outlining that all 47 now face one count of “conspiracy to commit subversion”. The accused include 39 men and 8 women, aged between 23 and 64.

The subversion charges follow the candidates' contributions to Hong Kong’s unofficial “primary” elections.

Created to pick opposition candidates ahead of the now-postponed 2020 elections, the “primaries” took place in July of last year and attracted over 600,000 voters.

Those charged include high-profile activist Joshua Wong - who is already behind bars for a separate conviction – former lawmaker Claudia Mo, law professor Benny Tai, and former journalist Gwyneth Ho.

 Under the ‘one country, two systems’ agreement signed by Britain and China in 1997, Beijing promised that once it took control Hong Kong would retain a ‘high degree of autonomy' until 2047.

After 2019’s anti-government protests, Beijing implemented the national security law for Hong Kong that came into effect on June 30, 2020.

Among other things, it prohibits secession, subversion, terrorism and collusion with foreign forces, and its details can be widely interpreted.

The law has been the catalyst of sweeping changes in the city, as street protests have stopped and slogans have been banned. A large number of pro-democracy activists and political figures are now in jail, whilst others have fled in self-exile.

The political figures are this week in the process of submitting their bail applications in a hearing before Chief Magistrate Victor So at West Kowloon Court.

Protesters have gathered outside the court building, holding up banners stating “release all political prisoners” whilst chanting banned slogans.

Protestors gather outside West Kowloon court / photo Candice Chou

Police raised both blue and purple flags, warning the crowd they are violating the national security law. As there are still social gathering regulations in place in Hong Kong amid the Covid19 pandemic, fixed-penalty fines were also issued to some of those violating the rules. 

The latest charges were criticised by the US with Secretary of State Antony Blinken, who called for the “immediate release” of the activists - prompting the Chinese Foreign Ministry to warn Washington not to meddle in its affairs. The court cases in Hong Kong are just one of several moves by authorities to clamp down on the opposition ahead of a legislative election planned for later this year.

The delays inside the courtroom meant the initial hearing dragged on until the early hours Tuesday morning. It wasn’t until one of the defendants; Clarisse Yeung collapsed and was admitted to hospital for exhaustion that Chief Magistrate Victor So Wai-tak adjourned the case till later in the day. Several more defendants were also admitted to the hospital afterwards. 

The court resumed later on Tuesday morning, with multiple defence and prosecution teams submitting their cases. It was another all-day hearing before the magistrate eventually adjourned before midnight. Attorneys later voiced criticism of the court over defendants not being given the opportunity to shower or change clothes since they were detained on Sunday.

But local reports say that the bail applications ruling should be concluded on Wednesday with approximately 8 defendants left to submit their case. 

In a bid to ensure bail, defence teams must convince the court that the accused won’t endanger national security.

Article 42 of the national security law states: ‘No bail shall be granted to a criminal suspect or defendant unless the judge has sufficient grounds for believing that the criminal suspect or defendant will not continue to commit acts endangering national security.’

Reports out of the courtroom are suggesting several of the defendants are promising to refrain from social media use, speak with foreign media, and will cancel their membership of political parties.

But because the political figures have been charged under the national security law, any successful bail appeals are in doubt.

Media tycoon and Apple Daily founder Jimmy Lai, 73, was charged with foreign collusion under the security law in December. He’s been in jail since awaiting trial, except for a one-week bail period for which he paid approximately $1.7M (NZD). His repeated bail appeals have since been rejected.

The depletion of the majority of the pro-democracy movement comes at a time when there are rumours that Beijing are weighing up to reform the electoral system in Hong Kong. It comes after a top Beijing official claimed only “patriots” should govern Hong Kong.

In the city’s Legislative Council, there is no pro-democracy opposition party, after all the lawmakers resigned en masse in November after Beijing disqualified some of its members.

Some of those lawmakers - like Claudia Mo, Jeremy Tam and Lam Cheuk-ting are among the 47 charged.

Political commentator Joseph Cheng, now in Australia, said the move is all part of the plan to squash the pro-democracy movement in the city.

“This is an important part of the strategy to deny the pro-democracy movement a role in the political system." he said.

"Most Hong Kong people realise that “one country, two systems” no longer exists, most people no longer see any legal channels of political participation."

"They are waiting for chances of major legal protest activities." he said. 

Meanwhile, New Zealand’s Foreign Minister Nanaia Mahuta took to Twitter :

“Kia Hiwa Ra! Recent charges laid against 47 pro-democracy advocates in #HongKong marks an escalation in the application of the national security law. Aotearoa New Zealand is concerned by this, and will be closely monitoring further developments.”

 In 2020 New Zealand announced it was suspended its extradition treaty with Hong Kong, whilst changing its policy on military and dual-use goods and technology exports to the former British colony.

Travel warnings to New Zealanders in Hong Kong have also been modified.

As Beijing consolidates its control of Hong Kong, this latest mass prosecution has the potential to cripple what remains of a pro-democracy movement , and poses questions of the future of basic rights and freedoms in the city. 

- Asia Media Centre