Political prisoner trial developments in Hong Kong this week (22 - 26 May 2023)
Trial of the 47 democrats
Week 16: 22 - 26 May 2023
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.
Here are the updates on the sixteenth week of the trial of the 47 democrats:
Development 1: Trial of the 47 Democrats is adjourned
Last week, the trial of the 47 Democrats continued and the fourth state witness finished giving his testimony. So far, the testimonies have included evidence against the defendants on the charge of “conspiracy to commit subversion” and reference to WhatsApp messages and social media posts that allegedly violate the National Security Law. The trial was adjourned on Friday and will continue on Tuesday 16 June.
Political prisoner trial developments
Development 1: Justice Secretary Refuses to Say Whether Mourning Victims of Tiananmen is Illegal
This week, when asked by a reporter on whether Hongkongers can mourn the Tiananmen victims “on their own initiative,” the Justice Secretary Paul Lam said that the public should maintain an awareness of obeying the law. The 4th of June this year will mark the 34th anniversary of the crackdown.
For thirty years, Hong Kong had prominent annual memorials and vigils to remember the victims of Tiananmen. This dramatically changed after the National Security Law was passed in 2020, as it has been used against the organisers of the annual vigil as well as individuals who are interested in commemorating it. Victoria Park, which is where the vigil usually takes place, will host a pro-Beijing “Hometown Market Carnival” instead, with no reference to Tiananmen. These bureaucratic changes mark a new low in Hong Kong’s erasure of history and restrictions on freedom of expression and freedom of assembly.
Development 2: Defendants under National Security Law Could be Detained if Not Guilty
This week, the Hong Kong government tabled a proposal to the Legislative Council (LegCo) to allow appeals against not-guilty verdicts in national security cases tried at the city’s High Court.
If this goes through, the Justice Minister said that this means that people who have been found not guilty under the national security law at Hong Kong High Court could be detained again if the government appeals. The decision would be made by a panel of three judges at the Court of First Instance. If this proposal goes through, it could further erode judicial independence, the rule of law, and the right to fair trial in Hong Kong.
Development 3: Hong Kong Libraries Remove Books
Censorship in Hong Kong has reached a new stage, as political books are removed from the public libraries and a four decade-old comedy strip in Ming Pao, a local newspaper, was removed after government complaints a few weeks ago.
This week, Chief Executive John Lee said the government had a duty to identify books with “bad ideologies” and remove them from public libraries, although the public can still buy them from independent bookstores and read them individually. Hongkongers discovered that books related to politics, democracy and protests were no longer accessible, as well as less-political books that were written by democratic figures.
Development 4: Lifestyle Editor Elected President of Foreign Correspondents’ Club, in Unopposed Election
Lee Williamson, who currently heads Gen.T, which is a lifestyle magazine under the Tatler brands, has been elected as the new president of the Hong Kong Foreign Correspondents’ Club (FCC). He ran unopposed and received 31 votes. This is a stark contrast to the previous elections and previous candidates, who were traditionally of the news correspondent background.
Williamson said that he and the club would continue to speak up for press freedom in Hong Kong, adding that the press club had confirmed “a new board policy on issuing statements.”
Development 5: Legal Bid Against Government Over Real-Name SIM Card Registration
In January 2021, the Hong Kong government announced that people buying SIM cards would need to register using their real names, a decision made after one month of public consultation. The government said that it would improve the detection of crimes and that each individual can register up to 10 SIM cards.
Cheung Wun-yiu filed an application for leave to apply for a judicial review over the Telecommunications (Registration of SIM Cards) Regulation, which will be reviewed by the Court of First Instance. He argued that the decision was biased and that anonymity of SIM card holders did not mean the intention to commit a crime.