Biweekly political prisoner trial developments in Hong Kong (22 July - 2 August)
Development 1: Jimmy Lai to testify when trial resumes in November
On 24 July, the trial of Jimmy Lai resumed for a mid-stage evaluation to rule whether there is a prima facie case. Mr Lai’s defence lawyers argued that Mr Lai has ‘no case to answer’ on the grounds that press freedoms are guaranteed in the Basic Law, but the court ruled that the charges against Mr Lai are substantiated. The case has been adjourned to 20 November, when Mr Lai is expected to testify.
The long-anticipated trial of Jimmy Lai opened on 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.
The allegedly criminal activities of Mr Lai, including speaking with foreign media outlets, expressing his opinions, and interviewing journalists, academics, and human rights advocates, are permissible under international law, including within the scope of Hong Kong’s international legal obligations.
Development 2: Chow Hang-tung and Tiananmen activists take appeal to top Hong Kong court
Chow Hang-tung, Tang Ngok-kwan and Tsui Hon-kwong were given permission to take their appeal before the Court of Final Appeal after a Hong Kong court upheld their convictions in March this year.
Their convictions are over their refusal to respond to a national security police data request regarding the personal information of staff and standing committee members of the now disbanded Hong Kong Alliance in Support of Patriotic Democratic Movements of China in August 2021. The three activists were jailed for these convictions for four and a half months in March 2023.
During an appeal hearing in December 2023, the activists argued that their organisation was not a foreign agent and therefore did not need to comply with the data request. However, High Court Judge Anna Lai agreed with the lower court ruling that the prosecution “need not prove the person or organisation is as a fact a foreign agent.” Her judgement stated, “One cannot lose sight of the basic fact that the offence is one of failing to comply with the Notice as required.”
Their appeal is expected to be heard at the Court of Final Appeal on 8 January 2025.
Development 3: Chow Hang-tung to pay HK$100K in legal costs after failing to overturn government bid to ban ‘Glory to Hong Kong’
Detained activist and barrister Chow Hang-tung will pay HK$100,000 (US$12,800) in legal costs after failing to challenge the Hong Kong government’s bid to ban the pro-democracy anthem ‘Glory to Hong Kong’.
Ms Chow’s application for prison leave to appeal was denied by the Court of Appeal at Hong Kong’s highest court. The judges ruled that Ms Chow’s claims were “not reasonably arguable”. This is the second time Ms Chow has been denied leave to appeal the bid to ban ‘Glory to Hong Kong’.
Ms Chow’s attempted challenges follow the Hong Kong appeals court approving the government’s application to ban ‘Glory to Hong Kong’ in May this year, overturning a lower court ruling in July 2023 that rejected the government’s bid due to free speech concerns.
Hong Kong Watch remains gravely concerned about the implications of this injunction that will be used to censor ‘Glory to Hong Kong’ in Hong Kong and around the world.
Development 4: Owen Chow convicted for ‘carrying an unauthorised article out of prison’
Pro-democracy activist and Hong Kong 47 member Owen Chow and his solicitor Phyllis Woo were convicted for ‘carrying an unauthorised article out of prison’. At the West Kowloon Magistrates’ Courts, Principal Magistrate Ivy Chu ruled Mr Chow and Ms Woo ‘smuggled’ a complaint form intended for correction services officers out of prison.
Mr Chow and Ms Woo pleaded not guilty in March 2024 following their arrests and a court hearing in October 2023, when the prosecution said the complaint form was given to Ms Woo while visiting Mr Chow at the Lai Chi Kok Reception Centre in May 2023. The prosecution did not know what the complaint regarded.
Their mitigation was adjourned to 14 August. Until then, Mr Chow will remain behind bars under 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 July 2020. Ms Woo is on bail.