Biweekly political prisoner trial developments in Hong Kong (27 May - 7 June)
Trial of Jimmy Lai
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. Mr Lai’s trial was expected to last 80 days, but is now on day 91.
On Monday, Mr Lai’s trial was adjourned after his lawyer Robert Pang informed the court that 76-year-old Mr Lai was “unwell and trembling”. Mr Pang said that Mr Lai visited a doctor on Sunday but was only prescribed painkillers, and requested if Mr Lai could leave court to see the doctor again.
Caoilfhionn Gallagher, KC, head of Jimmy Lai’s international legal team, Reporters Without Borders, and other human rights organisations expressed concern for Mr Lai’s health. “He should be given immediate access to independent medical care and allowed time to recover. This is another reminder that he shouldn’t be in prison at all,” said Reporters Without Borders.
Last week, the prosecution continued to play clips from Mr Lai’s personal online interview program, ‘Live Chat with Jimmy Lai’, which features overseas journalists, academics, and human rights advocates. The clips included Mr Lai criticising the National Security Law and explaining how protesters in 2019 were peaceful, rather than “rioters”.
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.
Other Developments
Development 1: 47 parliamentarians and public figures condemn verdict in the trial of 47 democrats in Hong Kong
Fourteen pro-democracy legislators and aspiring legislators were found guilty of alleged subversion under the Hong Kong National Security Law for peacefully organising and participating in “unofficial” primary elections for the Hong Kong Legislative Council in July 2020.
This is the largest case and trial under the National Security Law which was imposed by Beijing on Hong Kong in 2020.
This verdict came more than three years after a total of 47 pro-democracy legislators, aspiring legislators, and election organisers, known as the ‘Hong Kong 47’, were arrested for conspiracy to commit subversion in January 2021. The sentencing for those found guilty is expected at a later date, with imprisonment for this offence ranging from three years to life.
A cross-party international coalition of 47 parliamentarians and public figures issued a statement condemning the verdict of the largest national security trial to date.
The signatories include the last British Governor of Hong Kong Lord Patten of Barnes, former British Foreign Secretary Sir Malcolm Rifkind, former Polish Foreign Minister Anna Fotyga MEP, the Director of the International Bar Association’s Human Rights Institute Baroness Helena Kennedy, KC, United States Senator Marco Rubio, as well as other signatories from the United Kingdom, the United States, Canada, and across the European Union.
The coalition urges governments to take action in response to the verdict, “including by imposing targeted sanctions on responsible officials, reviewing Hong Kong’s special privileges such as the status of Hong Kong Economic and Trade Offices, which recently had employees charged for furthering transnational repression, and offering immigration pathways for Hong Kongers to live in freedom.”
The outcome of this case will set a precedent for cases involving legislators, activists, trade unionists and journalists who face charges for simply promoting democracy and peacefully partaking in activities that are in line with their rights and freedoms guaranteed under international law.
Development 2: First individuals arrested under Article 23 legislation for posting allegedly seditious content on social media
The Hong Kong national security police arrested a total of eight individuals for allegedly posting seditious content on social media. This marks the first round of arrests under the Safeguarding National Security Ordinance, known as ‘Article 23 legislation’, since the bill was swiftly passed by the Hong Kong Legislative Council on 19 March 2024.
According to the police, Chow Hang-tung who was already in prison at the time of the arrests, was alleged to have worked with five men to repeatedly publish anonymous “seditious” posts on a Facebook page called ‘Chow Hang-tung Club’. The posts allegedly incite “hatred against the central and Hong Kong governments, as well as the Judiciary”. Police searched the homes of the arrestees and seized electronic devices suspected of being used to publish the allegedly seditious posts. An additional woman and man were subsequently arrested in the same case.
Under Article 23 legislation, crimes related to sedition are punishable for up to seven years’ imprisonment. The legislation also contains vaguely-worded provisions that threaten to dramatically undermine due process and fair trial rights in Hong Kong, which may affect this case. This law has already been applied retroactively, which is not in compliance with international legal standards.
Chow Hang-tung is the former vice-chairperson of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China. On 4 June 2021, Ms Chow was arrested for allegedly publicising a banned public assembly for the Tiananmen Massacre vigil, and was re-arrested on 30 June 2021 for inciting an “illegal” assembly. In May 2023, Ms Chow and two others were found guilty of not complying with a national security police request for information.
Hong Kong Watch continues to campaign for the release of Chow Hang-tung, and all political prisoners in Hong Kong.
Development 3: Four arrested for alleged sedition and public disorder on 35th anniversary of Tiananmen Square Massacre
The Hong Kong Police Force arrested four individuals for allegedly acting with seditious intent near Causeway Bay on the 35th anniversary of the Tiananmen Square Massacre. These arrests were carried out under Article 23 legislation.
The arestees include 68-year-old ‘Grandma Wong’ for chanting slogans at Yee Wo Street, as well as a 69-year-old woman and 24-year-old man who “acted suspiciously” on Yee Wo Street. Yee Wo Street is near Victoria Park, which is where the annual Tiananmen Square Massacre vigil in Hong Kong was previously held.
On 4 June, there was extensive police presence “at nearly every corner” throughout Hong Kong, and many individuals were stopped and searched by police. According to local media, the “Counter Terrorism Response Unit were on standby outside the SOGO mall, while an armoured vehicle drove along Hennessy Road in the evening”. Both of these locations are also near Victoria Park.
Until five years ago, Victoria Park in Hong Kong was filled with thousands of people for an annual candlelit vigil to mark the anniversary, and churches across Hong Kong were open for prayer vigils. Today, such commemorations in Hong Kong and across China are prohibited, making it even more important that people who live in freedom around the world continue to remember what happened on 4 June 1989 in Beijing.
Development 4: Three individuals in Hong Kong arrested for allegedly insulting China’s national anthem
Three individuals between 18 and 31 years of age were arrested at the Hong Kong-Iran 2026 World Cup qualifying match for allegedly insulting the national anthem of the People’s Republic of China, ‘March of the Volunteers’.
The arrestees, who were in the audience, did “not stand up and turned their backs towards the pitch when the national anthem was played”. They were arrested under the National Anthem Ordinance of 2020, which states that “people must stand solemnly and must not behave in a disrespectful way when the national anthem is played”. The individuals are currently detained and awaiting further investigation.
The three arrested risk becoming the latest political prisoners in Hong Kong. This case shows violations of civil and political rights, and Hong Kong’s failure to guarantee rights and freedoms under its international legal obligations, in particular under the International Covenant on Civil and Political Rights.
香港政治犯審訊簡報（2024年5月27日至6月7日）
黎智英案
黎智英的《國家安全法》案件經數度延期後，終於在2023年12月18日開審。黎智英是英國公民，創辦了香港最大型民主派報紙《蘋果日報》，《蘋果》現已停運。黎被控「串謀勾結外國勢力」等三項《國安法》控罪，最高可判處終身監禁，另被控一項殖民時代煽動法下的「串謀發布煽動刊物」罪。黎智英案預計審期為80日，但審訊現已踏入第91日。
星期一，因黎智英「身體不適及發抖」，法庭押後審訊。其代表資深大律師彭耀鴻指，黎週日已看醫生但只獲處方止痛藥，並要求讓黎離開法庭再次見醫生。
帶領黎智英國際律師團隊的英國御用大律師Caoilfhionn Gallagher、無國界記者組織，以及其他人權組織對黎的健康表示擔憂。無國界記者組織表示：「他應該立即獲得獨立醫療護理和康復的時間。這再次提醒我們，他根本不應該在獄中。」
上星期，控方繼續播放黎智英個人網上訪談節目「Live Chat with Jimmy Lai」的片段，該節目的嘉賓包括海外記者、學者和人權倡議者。片段中黎批評《國安法》，並解釋2019年的抗爭者是和平的，而不是「暴徒」。
黎智英被指控的罪行，包括與外國傳媒聯絡、表達自己的觀點，以及採訪記者、學者和人權倡議者，均在國際法下允許，亦包括在香港國際法律義務的範圍內。
其他事件
事件1：47名多國政要聯署譴責香港47人案裁決
事件2：國安首次動用23條作拘捕行動 涉嫌在社交媒體發布具煽動意圖帖文
事件3：「六四」35週年 四人涉嫌違反23條煽動罪被捕
事件4：三人涉嫌侮辱中國國歌被捕