Political prisoner trial developments in Hong Kong this week (4 December - 8 December)
Trial of the 47 democrats
The long-anticipated trial of the 47 democrats opened on Monday 6 February 2023. The trial concerns the 47 democrats who organised or participated in “unofficial” primaries in July 2020. As a result of these primaries, 55 people were arrested in January 2021, in the largest crackdown since the National Security Law was passed.
Of these, 47 have been accused of “conspiracy to commit subversion” and are now facing trial. The majority of defendants have been in detention for 2 years, as only 13 have been granted bail. 31 of the defendants have pleaded guilty. This is one of the most significant trials since the National Security Law (NSL) was passed.
Closing arguments come to a close
The trial of the 47 democrats came to a close on 4 December 2023, after ten months of a case that was initially expected to last four months. The judge said there are “no guarantees” as to when the verdict will be released.
During the closing arguments, Steven Kwan, who represented ex-District Councillor Lee Yue-shun, challenged lead prosecutor Jonathan Man by arguing that to be guilty of subversion, an individual must have threatened to use or have used violence.
Trevor Beel, representing former journalist Gwyneth Ho, argued that the charge for “intent to commit subversion” depends on the definition of what constitutes an offence, which the Standing Committee of the National People’s Congress has yet to define. Mr Beel said, “This charge of conspiracy is like no other charge that has come before the courts. Everything was conducted openly for the simple reason that nobody knew what they were doing was illegal.”
The defendants who participated in the closing arguments include Benny Tai, Joshua Wong, Gwyneth Ho, Winnie Yu, and Gordon Ng. A full list and biographies of the 47 Democrats is available on the Hong Kong Watch Political Prisoner Database.
The trial of the 47 Democrats is one of the most significant cases since the passage of the NSL, because it will set a precedent for a broad interpretation of the NSL and cement its impact on civil society in Hong Kong.
Other Developments
Development 1: Chow Hang-tung, Tang Ngok-kwan and Tsui Hon-kwong appeal national security conviction and sentencing
Chow Hang-tung, Tang Ngok-kwan and Tsui Hon-kwong appeared at the High Court 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 their now-defunct organisation, the 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.
Under the NSL, national security police are permitted to demand information from individuals and organisations considered to be foreign agents. During the appeal hearing, Philip Dykes who represented the defendants said the Alliance “was not a foreign agent” and therefore not obligated to comply with the request.
The Hong Kong Alliance in Support of Patriotic Democratic Movements of China was founded in 1989 to organise annual mass vigils in Hong Kong on the anniversary of the Tiananmen Square Massacre in Beijing. The Alliance disbanded in September 2021 after Chow Hang-tung, Tang Ngok-kwan and Tsui Hon-kwong were arrested under the NSL.
Development 2: Sister of Elizabeth Tang faces jail sentence
Marliyn Tang, sister of labour rights activist Elizabeth Tang, faces a 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 Thursday, Marilyn Tang admitted that she perverted the course of justice. A judge said a prison sentence is unavoidable, and is expected to be announced on 21 December 2023.
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.
Development 3: Pro-democracy activist Agnes Chow flees to Canada
Pro-democracy activist Agnes Chow Ting, who has remained silent since being released on bail in June 2021 and relocating to Canada for study, announced in a social media post that she will not meet bail conditions requiring her return to Hong Kong for fear of threats to her safety and well-being. The Hong Kong authorities responded by condemning Chow for committing the “offence of collusion with a foreign country or with external elements to endanger national security.” Referring to Chow, Hong Kong Chief Executive John Lee said, “Fugitives will be pursued for life unless they turn themselves in.”
In November 2020, Chow was arrested and sentenced to ten months in jail on an unauthorised assembly charge after participating in an alleged unlawful assembly outside Hong Kong police headquarters in June 2020. Chow co-founded Demosisto, the now-defunct Hong Kong pro-democracy party, alongside activists Joshua Wong and Nathan Law.
香港政治犯審訊每週簡報（2023年12月4日至8日）
47人案進展
47名民主派人士涉於2020年7月組織及參與立法會初選，被控《國安法》下的「串謀顛覆國家政權」罪。案件於2023年2月6日開審，是迄今最大規模的國安法案件。
47名被告中只有13人獲准保釋，其餘大多數已還押兩年。當中31人認罪，16人不認罪。
47人案結案陳詞完成
47人案於2023年12月4日控辯雙方完成結案陳詞後正式完結，審訊原預計需時四個月，最終卻橫跨十個月。法官表示本案暫訂三至四個月後裁決，惟未能保證。
作結案陳詞的被告包括戴耀廷、黃之鋒、何桂藍、余慧明和吳政亨。「香港監察政治犯資料庫」載有47人的完整名單和簡介。
47人案是自《國安法》通過以來最重大的案件之一，將為《國安法》的廣泛詮釋開創先例，並加強其對香港民間社會的影響。
其他事件
事件1：鄒幸彤、鄧岳君、徐漢光就支聯會拒交資料案上訴 法官預計三個月內頒判詞
事件2：前職工盟總幹事鄧燕娥妹妹鄧燕梨承認意圖妨礙司法公正 還押至12月21日判刑
事件3：前香港眾志副秘書長周庭宣布棄保流亡加拿大