Biweekly political prisoner trial developments in Hong Kong (24 June - 5 July)
Development 1: 27th anniversary of Hong Kong’s handover and the fourth anniversary of the National Security Law met with heavy police presence in Hong Kong
This week marked the 27th anniversary of the handover of Hong Kong and the fourth anniversary of the imposition of the draconian National Security Law (NSL) in Hong Kong by Beijing.
The erosion of Hong Kong’s rights and freedoms, as guaranteed under the Basic Law of Hong Kong and its international treaty obligations, has rapidly intensified over the past year. On 23 March, the Hong Kong government passed the Safeguarding National Security Ordinance, known as ‘Article 23’ legislation, which introduced broadly-defined offences of treason, theft of state secrets, and external interference. It allows for closed-door trials and detentions of up to 16 days without charge.
Already, a total of eight individuals face charges for allegedly posting seditious content on social media and a total of six exiled pro-democracy activists living in the UK, having been previously issued arrest warrants with HK$1 million (£100,508) bounties, have had their Hong Kong passports cancelled. Article 23 legislation is expected to increase the risk of arbitrary and extended detention for existing political prisoners and those in Hong Kong who have peacefully exercised their rights and freedoms that are guaranteed under international law.
In the streets of Hong Kong, the 27th anniversary of the handover and the fourth anniversary of the imposition of the NSL was met with a heavy police presence. A man held up a sign reading, “[Fighting for] freedom and democracy is not a crime”, for only ten minutes before being ordered to put it away. Another activist walked to the government headquarters in protest of increasing public housing rent, but was filmed by police officers and threatened with arrest should she display slogans.
On the contrary, pro-government groups hosted patriotic festivities throughout the city, including a Chinese culture fair in Victoria Park, where previous demonstrations in Hong Kong were held.
The non-existence of peaceful protesters, the severe limits placed on activists, and the prevalence of pro-Beijing celebrations reflect the ongoing decline of the most basic civil and political liberties in Hong Kong.
In the face of the plights faced by the people of Hong Kong and Hong Kong’s political prisoners, these anniversaries highlight the broken promises made to the people of Hong Kong. Against a backdrop of growing authoritarianism worldwide, like-minded democratic governments must take concrete action in response to human rights abuses and the erosion of democratic norms. This must include holding the perpetrators to account through targeted sanctions, expanding lifeboat schemes for Hong Kongers who are currently left behind, pushing for the release of political prisoners, and calling out the PRC government’s human rights abuses.
Development 2: Court hears final appeal from Martin Lee, Jimmy Lai and five other democrats to overturn 2019 demonstration conviction
Prominent pro-democracy figures Martin Lee, Jimmy Lai, Margaret Ng, Albert Ho, Lee Cheuk-yan, “Long Hair” Leung Kwok-hung and Cyd Ho appeared before the Court of Final Appeal in a final attempt to overturn their convictions of participating in an unauthorised demonstration in 2019. Some of them have been behind bars for multiple years whereas others have been on bail.
The unauthorised demonstration was against the Hong Kong police’s use of force, which involved 1.7 million people peacefully marching from Causeway Bay to Central, in August 2019.
In August 2023, the seven democrats successfully overturned related convictions of allegedly organising the unauthorised demonstration. However, convictions linked to their participation in the demonstration were upheld.
During the appeal hearing last week, Senior Counsel Audrey Eu argued that the seven democrats known “for their peaceful manner” did not organise the demonstration and “were only trying to lead the crowd to disperse from the park”.
The democrats await a final decision. The outcome of this high-profile case will carry weight in determining the fate of other similar appeals from peaceful pro-democracy protesters, and reveals the deteriorating state of the rule of law and ability to exercise human rights in Hong Kong.
Development 3: Hong Kong 47 defendants submit mitigation pleas
Tiffany Yuen, Fergus Leung, Tat Cheng, Andy Chui, Clarisse Yeung, and Michael Pang, five of the 47 democrats in Hong Kong’s largest national security trial, appeared in court to submit their mitigation pleas. The court continues to hear mitigation pleas from the 47 democrats in groups.
The defendants’ legal representation argued that an earlier ruling, which found the defendants guilty of partaking in a larger “subversion scheme” aiming to veto the government budget, was highly unlikely to be successful. The lawyers explained that the democrats did not and were not likely to create a “constitutional crisis for Hong Kong”, as many of them were disqualified from running in the Legislative Council elections. They also argued that the democrats’ proposed charges were not related to national security.
The mitigation pleas follow fourteen of the 47 democrats being found guilty one month ago of alleged subversion under the Hong Kong National Security Law for organising and participating in “unofficial” primary elections for the Hong Kong Legislative Council in July 2020. The sentencing for those found guilty is expected at a later date, with imprisonment for this offence ranging from three years to life.
This trial is the largest and one of the most significant national security trials since the National Security Law was imposed by Beijing on Hong Kong in 2020, and many of the defendants have been behind bars for over three years. The outcome of these mitigation pleas, as well as the expected sentencing of this case, will set a precedent for cases involving legislators, activists, trade unionists and journalists who have been found guilty for simply doing their jobs and partaking in activities that are in line with their internationally-guaranteed rights and freedoms.
Development 4: Ma Chun-man, who had Article 23 retroactively applied to his sentence, files first legal challenge against new security law
In March this year, Ma Chun-man became the first Hong Konger to have Article 23 legislation retroactively applied to his sentence. Mr Ma was expected to be released 48 hours after the new national security law was in effect, after serving jail time for alleged incitement of secession under the National Security Law in 2021. However, speaking to Mr Ma’s case, Hong Kong Chief Executive John Lee said, “It’s been made very clear that if a prisoner is serving a sentence in respect to his conviction of an offence endangering national security, the prisoner is not entitled to remission.”
This week, Mr Ma filed the first legal challenge against Article 23 legislation to defend his previously scheduled early release from prison. In court, Mr Ma correctly stated that the “retrospective” application of Article 23 to his sentence is “a violation of his rights and of procedural fairness”. Mr Ma’s lawyers argued that “presumption against early release on good conduct” violates Hong Kong’s Bill of Rights Ordinance.
Mr Ma awaits a decision on his legal challenge. As it stands, the loss of the previous one-third remission for the good behaviour of prisoners under Article 23 means that Mr Ma will spend at least 20 more months behind bars.
This case demonstrates that the Hong Kong authorities can apply Article 23 retroactively, which will place existing political prisoners and others in Hong Kong who have peacefully exercised their rights and freedoms at heightened risk. This is not in compliance with international legal standards.
Development 5: Elderly busker faces fresh charges for playing pro-democracy anthem ‘Glory to Hong Kong’
Li Jiexin, a 70-year-old busker, was sentenced to 30 days’ imprisonment in October 2023 for an unlicensed performance in which he played the pro-democracy anthem ‘Glory to Hong Kong’.
This week, Mr Li went on trial and faces 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”. He is expected to reappear in court on 6 August 2024.
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.
香港政治犯審訊簡報（2024年6月24日至7月5日）
事件1：香港主權移交27週年暨國安法實施四週年 港警重兵部署
事件2：8.18流水式集會案 李柱銘、黎智英等七人針對「參與集結」定罪終極上訴 法官押後裁決
事件3：47人案罪成被告分批求情 被指組織者五人、港島六人完成求情
事件4：「第二代美國隊長」馬俊文因23條未獲減刑 申請首宗司法覆核
事件5：曾因演奏《願榮光歸香港》被判囚30日 七旬「二胡伯伯」再被票控12項無牌演奏及籌款罪