Biweekly political prisoner trial developments in Hong Kong (5 August - 16 August)

Development 1: Hong Kong Court rejects final appeal of Jimmy Lai and six other democrats

The Hong Kong Court of Final Appeal unanimously upheld the convictions of “participating in an unauthorised demonstration” for Jimmy Lai, Martin Lee, Margaret Ng, Albert Ho, Lee Cheuk-yan, “Long Hair” Leung Kwok-hung and Cyd Ho. Some of the democrats have been held in jail, while others have been remanded on bail, since the time of the alleged unauthorised demonstration in 2019.

The demonstration at the root of the case was a peaceful march against the Hong Kong police’s use of force, which involved 1.7 million people marching without violent incident from Causeway Bay to Central, on 18 August 2019.

In August 2023, the seven democrats successfully overturned related convictions on the charge of allegedly organising the demonstration. However, convictions linked to their participation in the demonstration were upheld, and now, their final attempt at appealing has been denied. The defence cited two UK Supreme Court decisions on the proportionate restriction of fundamental rights. However, these citations were rejected by the Court of Final Appeal, on the grounds that “UK cases should not be followed in Hong Kong”.

Lord Patten of Barnes, the last Governor of Hong Kong and a Patron of Hong Kong Watch, responded to the rejection of the appeal, stating: “This unjust verdict is made worse by the fact that Lord Neuberger, a former head of Britain’s Supreme Court, was a party to this decision. This is particularly surprising since when he was a member of the judiciary in Britain, Lord Neuberger was keen to establish that the English Common Law could accommodate fundamental aspects of human rights protection. He was also always keen that judges should be keen to explain their reasoning. In this case, perhaps some of his views on the law changed between the first class waiting room at Heathrow and the arrival terminal of Hong Kong International Airport.”

Development 2: Detained activist Owen Chow sentenced to three days’ imprisonment for ‘carrying an unauthorised article out of prison’

Pro-democracy activist and Hong Kong 47 member Owen Chow and his solicitor Phyllis Woo  were sentenced to three days’ imprisonment and fined HK$1,800 (US$231), respectively, for “carrying an unauthorised article out of prison”. The unauthorised article was a complaint form Mr Chow intended to file to the government watchdog after correction services officers intercepted two books meant for Mr Chow.

Last month at the West Kowloon Magistrates’ Courts, Mr Chow and Ms Woo were convicted of smuggling the complaint form out of the prison, as it was given to Ms Woo while visiting Mr Chow at the Lai Chi Kok Reception Centre in May 2023. Mr Chow and Ms Woo pleaded not guilty in March 2024 following their arrests and a court hearing in October 2023. 

Now the pair will fulfil their sentences, including by Mr Chow remaining behind bars until his mitigation plea for his conviction in the case of the 47 democrats for alleged subversion after participating in “unofficial” primary elections for the Hong Kong Legislative Council in 2020. He faces a maximum sentence of life imprisonment.

Development 3: Activist Tam Tak-chi to challenge sedition conviction next January

The Hong Kong Court of Final Appeal granted activist and radio host “Fast Beat” Tam Tak-chi leave to appeal to challenge his conviction of “uttering seditious words” in April 2022. Mr Tam was held in custody following his arrest in September 2020, until April 2022 when he was sentenced to 40 months in prison and issued a HK$5,000 (US$642) fine for 11 charges under the Crimes Ordinance. 

However, sedition offences in the Crimes Ordinance were repealed in March 2024 after the passage of the Safeguarding National Security Ordinance. Mr Tam is expected to argue whether sedition offences in the Crimes Ordinance “must be tried in the Court of First Instance by a judge and jury”. 

Mr Tam was the first person to face trial for sedition since the 1997 handover of Hong Kong. Now, he will be the first person to challenge a sedition conviction in Hong Kong’s top court. His appeal is expected to be heard on 10 January 2025, and the outcome will have major implications for the verdicts of other similar sedition offences. This includes the sedition charge against Hong Konger Au Kin-wai, who told the court he intends to follow in Mr Tam’s footsteps by challenging whether the SNSO places excessive limits on free speech. 

Development 4: Elderly busker jailed again for performing pro-democracy anthem ‘Glory to Hong Kong’

Li Jiexin, a 70-year-old busker, was sentenced to two weeks’ imprisonment for an unlicensed performance in which he played the pro-democracy anthem ‘Glory to Hong Kong’. 

Last month, Mr Li went on trial and faced fresh charges for playing the anthem, including six counts of “performing a musical instrument without a permit” and six counts of “raising funds without a permit”. This is not the first time Mr Li has been jailed for performing the song, as he was sentenced to 30 days’ imprisonment in October 2023 for a separate unlicensed performance of the anthem.

Following the passage of Article 23 legislation in Hong Kong, a Hong Kong appeals court approved the Hong Kong government’s application to ban ‘Glory to Hong Kong’, overturning a lower court ruling in July 2023 that rejected the government’s bid due to free speech concerns. The suppression of Mr Li’s right to freedom of expression violates Hong Kong’s obligations under international human rights laws and treaties.

Development 5: Hong Kong student sentenced to 8 weeks in prison over peaceful shopping mall protest four years ago

Issac Lee, a 20-year-old Hong Kong student, was sentenced to 8 weeks’ imprisonment for his role in a peaceful shopping mall protest that took place hours before the imposition of the National Security Law on 30 June 2020.

Last month, Mr Lee was apprehended at Hong Kong International Airport after returning from the UK, four years after his initial arrest for “unlawful assembly”. The alleged unlawful assembly involved around 100 people gathering in a Kwun Tong shopping mall for a “sing with you” protest, in which people publicly gather to sing as a show of solidarity. 

In 2022, Arthur Chiang, Truvian Wong, Cheung Chung-lun pleaded guilty to participating in this demonstration and each served eight weeks’ imprisonment. Also pleading guilty in court, Mr Lee is the latest alleged suspect to be affiliated and sentenced due to the protest.

Development 6: Hong Kong man charged under Article 23 legislation for wearing “seditious” shirt and mask on 12 June

In January 2024, 26-year-old Chu Kai-poon was sentenced to three months in jail under the colonial-era sedition law for wearing an allegedly seditious shirt with the protest slogan “Liberate Hong Kong, revolution of our times” in the airport. On 12 June, he was arrested near Shek Mun MTR station for wearing a top containing the same slogan and a yellow mask with the acronym “FDNOL”, meaning “Five Demands, Not One Less”, which is also a slogan from the 2019 pro-democracy protests in Hong Kong.

Last week, Mr Chu appeared in court and faced a fresh charge of “doing with a seditious intention an act or acts that had a seditious intention” over the incident on 12 June, but this time under the Safeguarding National Security Ordinance (SNSO). Mr Chu’s case has been adjourned until 16 September 2024, when he is expected to plead guilty to the offence.

Mr Chu was the first person to be charged under the SNSO in June 2024. His case demonstrates the increasing crackdown on the rule of law in Hong Kong, as he previously served and again faces jail time for wearing an article of clothing of his choice for a reported five hours and 23 minutes. During his trial under the SNSO, he faces handpicked national security judges and up to two years’ imprisonment for a first conviction.