Political prisoner trial developments in Hong Kong this week (18 December - 22 December)
Trial of Jimmy Lai
The long-anticipated trial of Jimmy Lai opened on Monday 18 December 2023. Jimmy Lai is a British citizen who founded the now-defunct newspaper Apple Daily, the largest pro-democracy newspaper in Hong Kong. Mr Lai faces three charges under Hong Kong’s Beijing-imposed National Security Law which carries a maximum punishment of life in prison, and one charge for “conspiracy to publish seditious publications” under the colonial-era sedition law. A long-time critic of the Chinese Communist Party, Mr Lai is one of the most high-profile pro-democracy activists who has been arrested under the NSL.
In May 2023, Hong Kong’s Court of First Instance rejected an appeal from Jimmy Lai’s legal team to challenge the decision made by Hong Kong’s Chief Executive John Lee to bar British human rights barrister Tim Owen KC from representing Jimmy Lai in his national security trial. This followed the Standing Committee of China’s National People’s Congress’ (NPC) first-ever interpretation of the National Security Law on 30 December 2022 which gives the Chief Executive of Hong Kong the power to overturn court decisions and ban foreign lawyers.
However, Jimmy Lai’s high-profile trial without a jury and the lawyer of his choice will not be without international pressure. Ahead of Mr Lai’s trial, British Foreign Secretary David Cameron released a statement, urging the Hong Kong authorities to “end their prosecution and release Jimmy Lai”, a “British citizen.” The US and EU also released statements, calling for the release of Mr Lai and deploring the charges against him, respectively. Last week, the Canadian Senate and House of Commons unanimously supported motions calling for Jimmy Lai’s immediate release.
The UK House of Commons and UK House of Lords also tabled Urgent Questions on Jimmy Lai. In the House of Lords, Hong Kong Watch Patron Lord Alton of Liverpool said, “Isn’t this show trial of Jimmy Lai a moment of reckoning for all who claim they value the rule of law, human rights, press freedom and democracy? Isn’t it a moment of reckoning for the duplicitous belief that you can deepen trade deals while the United Kingdom has citizens and 1,762 political prisoners incarcerated in Hong Kong jails?”
Before adjourning for the Christmas holiday, a Hong Kong court rejected a bid from Mr Lai’s bid to drop the sedition charge. Judge Esther Toh said, “We are of the view the charge is not time-barred. So the application of the defence must fail.”
Mr Lai’s trial is expected to last 80 days. The latest developments can be found on the Hong Kong Watch website.
Other Developments
Development 1: Hong Kong Watch leads joint statement of more than 80 organisations condemning arrest warrants and bounties placed on overseas Hong Kong pro-democracy activists
Hong Kong Watch and more than 80 other Hong Kong civil society and human rights organisations from around the world signed a joint statement urging government action in response to the latest round of Hong Kong National Security arrest warrants with $1 million bounties issued against overseas Hong Kong pro-democracy activists on 14 December 2023.
The statement condemns the recent targeting of peaceful pro-democracy activists including Joey Siu, who is a US citizen and former Hong Kong Watch Policy Advisor now residing in the US, as well as Frances Hui and Simon Cheng, who fled from Hong Kong to the US and UK, respectively. The statement also “continue[s] to condemn the targeting of Nathan Law, Dennis Kwok, Ted Hui, Kevin Yam, Anna Kwok, Finn Lau, Elmer Yuen, and Christopher Mung,” who are overseas activists who were also issued arrest warrants with $1 million bounties in July.
The statement calls on governments to introduce measures to protect the rights of and freedoms of Hong Kong activists in exile, particularly those who have been granted asylum and face past and current threats from Beijing. The groups urge governments to raise the topic of Hong Kong in their recommendations to China at the UN Universal Periodic Review, which will take place on 23 January 2024. They also urge governments to suspend the remaining extradition treaties that exist between democracies and the Hong Kong and Chinese Governments and work towards coordinating an INTERPOL early warning system to protect Hong Kongers and other dissidents abroad.
Development 2: Bail denied to Hong Kong lawyer Chow Hang-tung
On Thursday, a Hong Kong court rejected a bail application from Hong Kong human rights lawyer Chow Hang-tung. Hong Kong High Court judge Andrew Chan said he could not grant bail “because Chow might carry out acts that endanger national security.”
Earlier this month, Chow Hang-tung appeared at the High Court alongside Tang Ngok-kwan and Tsui Hon-kwong to appeal their conviction and sentencing in March 2023 to four-and-a-half months in jail for failing to provide personal information and information regarding the now-disbanded Hong Kong Alliance in Support of Patriotic Democratic Movements of China to the national security police in August 2021. Judge Anna Lai said the defendants can expect a verdict within three months.
Chow was also charged with “inciting others to participate in an unauthorised assembly” for a Tiananmen Square Massacre vigil in 2021, and has been remanded in custody since September 2021. If convicted of “inciting subversion of state power”, she faces potential 10 years’ imprisonment. Chow’s trial is expected to begin in late 2024.
Development 3: Marilyn Tang receives six-month jail sentence for removing potential evidence against sister and labour rights activist Elizabeth Tang
Marliyn Tang, sister of labour rights activist Elizabeth Tang received a six-month jail sentence for “perverting the course of justice” after she removed electronic devices from her sister’s home on the day her sister was arrested in March 2023. In June 2023, Elizabeth Tang was charged for “colluding with foreign forces” after visiting her husband in prison following her move to the UK in 2021.
Appearing before the West Kowloon Magistrates’ Court on 7 December 2023, Marilyn Tang admitted that she perverted the course of justice. Marilyn Tang was charged with “perverting the course of justice” in September this year, six months after her initial arrest. She was granted bail and required to surrender her travel documents. CCTV footage shows Marliyn Tang visiting her sister’s home twice on the day of her sister’s arrest, for 69 minutes and 41 minutes respectively, and prior to the arrival of the police.
香港政治犯審訊每週簡報（2023年12月18日至22日）
黎智英案
黎智英的《國家安全法》案件經數度延期後，終於在2023年12月18日開審。黎智英是英國公民，創辦了香港最大型民主派報紙《蘋果日報》，《蘋果》現已停運。他被控三項《國安法》控罪，最高可判處終身監禁，另被控一項殖民時代煽動法下的「串謀發布煽動刊物」罪。黎智英長期批評中國共產黨，是因《國安法》被捕而備受關注的社運人士之一。
黎智英這眾所矚目的案件不設陪審團審訊，他本人也不能聘用自己選擇的律師，備受國際壓力。英國外交大臣甘民樂（David Cameron）在黎智英案開審前發表聲明，呼籲香港當局「停止起訴並釋放黎智英」，形容其為「英國公民」。美國和歐盟亦分別發表聲明，呼籲釋放黎智英，並強烈譴責對他的指控。上週，加拿大參眾兩院一致通過動議，呼籲立即釋放黎智英。
此外，英國上下兩院就黎智英案提出緊急質詢。香港監察贊助人奧爾頓勳爵（Lord Alton of Liverpool）在上議院辯論中質問：「黎智英這場擺樣子公審（show trial）難道不是對所有聲稱重視法治、人權、新聞自由和民主的人算帳的時刻嗎？當有英國公民和1,762名政治犯被囚在香港監獄時，這難道不是對那些認為可以加強貿易協議的雙面人算帳的時刻嗎？」
聖誕假期休庭前，《國安法》指定法官就上述煽動罪檢控時限的爭議，裁定檢控沒有逾時，可繼續控告。
黎智英案預計審期為80日，香港監察網站載有案件的最新發展。
其他事件
事件1：香港監察聯同逾80個人權組織發聯合聲明 譴責港府懸紅通緝海外香港社運人士
事件2：鄒幸彤就支聯會煽動顛覆案申請保釋被拒 案件料2024下半年開審
事件3：前職工盟總幹事鄧燕娥妹妹鄧燕梨因意圖妨礙司法公正被判囚半年