Political prisoner trial developments in Hong Kong last week (24-30 June and 3-7 July)

Trial of the 47 democrats

Week 21 and 22: (24-30 June and 3-7 July)

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 twenty-first and twenty-second weeks of the trial of the 47 democrats:

Development 1: Lawrence Lau never received WhatsApp messages

The former Sham Shui Po district councillor and barrister Lawrence Lau, who is among the 47 democrats, testified this week on the information that he received in relation to the unofficial primary elections. He stated that he never received WhatsApp messages, because he “did not like the software.”

The court heard that WhatsApp was the primary means of communication used by the unofficial primary election organiser. Instead, Lau communicated with his friends and family via SMS. The judge doubted Lau’s testimony, given how important it was for the organisers and that Lau has a smartphone. He agreed to give his phone passcode and passwords to the prosecution and wrote them down in the courtroom. 

Prosecutors later stated that they could not unlock the phone because Lau had only written down four digits, whilst the phone required a six digit passcode. Lau stated that he could not remember the remaining digits. Lau finished his testimony by adding that not using WhatsApp is part of his way of life, and that he has no television. Instead, he has books, music and cats at home. 

Development 2: Lau denied signing online declaration

In addition, Lau was asked about whether he had signed the online declaration titled “Resolute Resistance, Inked Without Regret.” It was signed by 33 out of 47 defendants in the case, as well as the Civic Party and Neo Democrats on behalf of their members taking part in the primary poll, and activists Nathan Law and Sunny Cheung. 

The declaration included “undertaking that the signatory would deploy powers conferred to the legislature under the Basic Law, including vetoing the budget, to compel the chief executive to respond to the five demands advocated by protesters during the 2019 extradition bill unrest.”

Lau said that he did not sign this declaration, because he wanted to avoid “election campaign suicide.”

Other Developments

Development 1: National Security arrest warrants and bounties announced

On 3 July 2023,  the Hong Kong National Security Police issued arrest warrants and bounties for eight Hong Kong pro-democracy activists living overseas.

The arrest warrants have been issued for pro-democracy activists Nathan Law, Dennis Kwok, Ted Hui, Kevin Yam, Anna Kwok, Finn Lau, Elmer Yuen, and Christopher Mung, alongside a bounty of $1 million per individual for information that could lead to their arrest under the National Security Law. Three out of the eight pro-democracy activists currently reside in the UK, two reside in Australia, and three reside in the United States of America.

This was the first time that arrest warrants and bounties have been issued in relation to overseas activity related to the National Security Law.

Those notable individuals targeted include former pro-democracy lawmakers, prominent Hong Kong lawyers and trade unionists, and activists who have campaigned against the National Security Law overseas.

More than 50 Hong Kong civil society organisations from across the world have signed a joint statement urging government action in response to the Hong Kong National Security arrest warrants and bounties. They call on governments to introduce measures to protect the rights of and freedoms of Hong Kong activists in exile, particularly those who have asylum and face past threats from Beijing.

They also called on governments, specifically of the United Kingdom, United States of America, Canada, Australia, New Zealand, and Europe, to reiterate that the Hong Kong National Security Law does not apply in their jurisdictions, and condemn the latest arrest warrants and bounties and reaffirm that they are not valid in their jurisdictions.

Many governments issued statements condemning this, but the PRC took one step further by accusing the United Kingdom of “harbouring fugitives” on the day after the arrest warrants and bounties were announced. They urged activists to give themselves up, adding that otherwise they would spend their days in fear, and stated that “British politicians have openly offered protection for fugitives.”

Development 2: Five arrested in relation to 8 activists

After the eight activists in exile were issued arrest warrants and bounties, the Hong Kong police arrested five people who provided financial support to self-exiled activists, therefore having connection with an alleged conspiracy to collude with foreign forces . They were also accused of taking part in a “conspiracy to do acts with seditious intent.”

Although authorities did not reveal the names, all five have been identified by local groups as being members of the now-disbanded political group Demosistō. 

The five allegedly provided financial support through the app Mee, which promoted the “yellow businesses” which are businesses sympathetic to Hong Kong’s 2019 protests. It provided information and discounts for relevant stores. The app has since disappeared from the Apple App Store and Google Play Store.

Development 3: Stand New trials ends

This week, the Stand News ended and closing arguments were heard. Chung Pui-kuen, former chief editor of Stand News, and Patrick Lam, former acting editor of the outlet, stand accused of conspiring to publish seditious publications along with the outlet’s parent company, Best Pencil Limited. 17 articles published by the outlet are allegedly seditious. 

The trial has raised concerns related to the rule of law and right to fair trial in Hong Kong, due to the political direction of the reasoning. For example, the prosecution argued that news materials should be deemed “seditious” if they stirred up public dissatisfaction against the government. The verdict is expected to be released in October 2023, almost a year after the trial began.

Chung and Lam face a maximum penalty of two years behind bars, including the time already served during custody. However, they were both detained for almost a year before they were granted bail at the beginning of the trial, so their time in prison after the judgment may be shorter.

In December 2021, seven people were arrested by the Hong Kong national security police over suspected conspiracy to publish seditious materials, on Stand News, which was a seven-year old media outlet in Hong Kong. Stand News ceased operations and deleted its website in December 2021 and was raided by over 200 national security police officers. At the time, this was criticised by many states who raised concerns about the human rights situation, and the OHCHR said in a statement that it was concerned by the “extremely rapid closing of the civic space and outlets for Hong Kong’s civil society to speak and express themselves freely.”

Development 4: Press Freedom declines again

Each year, the Foreign Correspondents’ Club (FCC) in Hong Kong publishes a survey of its correspondent and journalist members. This year’s results revealed that “many are finding the working conditions in Hong Kong to be increasingly difficult.” 

Specifically, 83% said the environment for journalists had changed for the worse in the last 18 months, 88% said they found sources in Hong Kong had become less willing to be quoted or to discuss sensitive subjects in the last 18 months - “a telling indication of fear levels in the community” and 43% said that they had practiced self-censorship in the last 18 months, either in the content of their reporting or by avoiding certain subjects, 27% of which said they had self-censored “considerably”. This is in addition to the legal challenges that many journalists and news outlets face, as described above. 

Development 5: Hongkongers invited to report library books

The Leisure and Cultural Services Department, which oversees Hong Kong’s library system, announced in a press release that members of the public are “welcome” to report books that may endanger national security. 

They have prepared multiple channels for people to do so, including email, a paper form that can be filled in, as well as an online form. The libraries will not respond to complaints, but will follow up and may remove books from shelves.

香港政治犯審訊上週進展

47人案進展

第二十一、二十二週：2023年6月24日至30日、7月3日至7日

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。

以下是47人案第二十一及二十二週的進展：

進展1、前區議員、大律師劉偉聰供稱從不使用WhatsApp收取初選相關短訊

47名民主派人士之一、前深水埗區區議員及大律師劉偉聰本週就收取初選相關資訊作供。他指出他從不使用WhatsApp收取短訊，因為他「不喜歡這個應用程式」。

法庭獲悉WhatsApp是初選籌委使用的主要通訊方式。可是，劉偉聰是以短訊與朋友和家人溝通的。法官對劉偉聰的證詞表示懷疑，因為他使用智能手機對籌委相當重要。劉偉聰同意將自己的手機密碼交予控方，並在庭上寫下密碼。

控方其後表示他們無法解鎖手機，因為劉偉聰只寫下了四位數字，而手機密碼為六位數字。劉偉聰表示他不記得剩餘號碼。劉偉聰作供時最後補充，不使用WhatsApp是他生活方式的一部分，而且他家中亦沒有電視，而是有書籍、音樂和貓。

進展2、劉偉聰否認曾簽署「落墨無悔」聲明

此外，劉偉聰被問到是否簽署了「落墨無悔」聲明。有份簽署此聲明的包括47名被告中的33人和社運人士羅冠聰及張崑陽，而公民黨和新民主同盟亦有代表其參與初選的成員簽署。

該聲明承諾簽署方將運用《基本法》賦予立法機關的權力，包括否決預算案以迫使行政長官回應抗爭者在2019年反修例風波中提出的五大訴求。

劉偉聰表示他沒有簽署這份聲明，因為他想避免「選舉自殺」。

其他進展

進展1、國安處懸紅通緝八名海外香港社運人士

2023年7月3日，香港警方國安處通緝八名居於海外的香港民運人士，包括羅冠聰、郭榮鏗、許智峯、任建峰、郭鳯儀、劉祖廸、袁弓夷，以及蒙兆達，並分別懸紅100萬港元。八名被通緝港人中有三名現時身處英國；兩名身處澳洲；三名身處美國。

這是國安處首次以懸紅拘捕令針對和《國安法》相關的海外活動。

被針對的8名人士包括前民主派立法會議員、知名港人律師和工會成員，以及在海外反對《國家安全法》的社運人士。

來自世界各地的50多個香港民間組織發表聯合聲明，呼籲各國政府採取行動回應。他們呼籲各國政府採取措施保護流亡社運人士的權利和自由，特別是那些接受庇護和曾面臨北京威脅的人士。

聯署組織同時呼籲英國、美國、加拿大、澳洲、紐西蘭和歐洲等各國政府重申《香港國安法》不適用於其司法管轄區，並譴責港警國安處申請拘捕令，強調這些手令在其司法管轄區並無法律效力。

多國政府已經發表聲明對此予以譴責，但中國政府在發出拘捕令翌日反而更進一步指責英國「窩藏逃犯」。他們敦促被通緝人士投案自首，否則將惶恐度日，並表示「英國官員正公開地包庇逃犯」。

進展2、五人被指以「懲罰Mee」支援海外被通緝人士被捕

香港警方在對八人發出懸紅通緝令後再拘捕五人，指他們對海外被通緝人士提供經濟援助，因此涉嫌與勾結外國勢力人士有聯繫。他們同時被指「串謀作出煽動行為」。

儘管警方未有透露被捕人士姓名，五人的身分已被民間團體確認為已解散政治組織香港眾志的成員。

五人涉嫌透過「懲罰Mee」對海外被通緝人士提供經濟援助。該應用程式推廣支持2019抗爭運動的「黃店」，包括提供「黃店」資訊和折扣優惠。該程式已在蘋果App Store和Google Play Store下架。

進展3、《立場新聞》案完成審訊

本週，《立場新聞》案聽取結案陳詞並完成審訊。前《立場新聞》總編輯鍾沛權、前署任總編輯林紹桐及《立場》所屬公司Best Pencil Limited被控「串謀發布煽動刊物」罪。當中包括約17篇由《立場》發表的文章。

此案引發了對香港法治和公平審訊的權利的擔憂。例如，控方認為如果新聞內容引起公眾對政府的不滿，就應被視為「具煽動性」。判決預計將於2023年10月公布，即審訊開始後近一年。

進展4、香港外國記者會(FCC)調查指香港新聞自由再度下滑

香港外國記者會(FCC) 就其記者會員發表年度調查報告，今年的調查結果發現「許多人認為香港的工作環境越來越艱鉅」。

其中，83%的受訪者表示，過去18個月記者的工作環境變差；88%的受訪者表示，在香港的消息人士在過去18個月變得更不願意被引用和討論敏感話題；這「清楚顯示群體中存在一定程度的恐懼」。43%的受訪者表示，他們在過去18個月有自我審查，包括審查報導內容或迴避某些主題。27%的受訪者表示，他們有自我審查的考慮。不只如此，記者和新聞媒體亦同時面對其他的法律上的難題。

進展5、康文署推出渠道供市民舉報危害國家安全藏書

負責管理香港圖書館系統的康樂及文化事務署在一份新聞稿中表示「歡迎」公眾舉報可能危害國家安全的藏書。

康文署推出了多種渠道，包括電郵、可供填寫的紙張表格以及網上表格。圖書館不會對投訴作出回覆，但會跟進並可能將書籍下架。