Political prisoner trial developments in Hong Kong this week (4 March - 8 March)
Trial of Jimmy Lai
The long-anticipated trial of Jimmy Lai opened on Monday 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 (NSL) which carries a maximum punishment of life in prison, and one charge for “conspiracy to publish seditious publications” under the colonial-era sedition law. A long-time critic of the Chinese Communist Party, Mr Lai is one of the most high-profile pro-democracy activists who have been arrested under the NSL.
Yeung Ching-kee begins to testify against Jimmy Lai
Yeung Ching-kee, former chief editor of Apple Daily, began to testify against Jimmy Lai. He accused Mr Lai of issuing various instructions to employees, including writing specific articles to support resistance against the extradition law in 2019, collecting news related to the anniversary of the Tiananmen Square massacre, and inviting overseas authors to write for Apple Daily, especially after local writers became concerned for their safety under the NSL. Addressing Mr Lai’s instructions on publishing particular articles, Yeung said, “Since it was passed on by the boss, although he said he hadn’t read it, if the article was passed on and there were no issues, I would definitely publish it.”
Evidence also included messages between Mr Yeung and former editor-in-chief Ryan Law Wai-kwong, which show Mr Law asking Mr Yeung to find a writer to analyse and positively portray a 2020 meeting between former US Secretary of State Mike Pompeo and participants of the Tiananmen Square massacre.
Since the start of his national security trial, Jimmy Lai has pleaded not guilty and encouraged his former colleagues to testify against him, so that they have reduced sentences.
Other Developments
Development 1: Hong Kong government fast tracks Bill under Article 23 legislation
Today, the Hong Kong government published the Safeguarding National Security Bill, and introduced it to the Legislative Council. The Legislative Council held two readings of the Bill, which addressed key concerns and next steps for the Bill while a bills committee deliberated the text clause by clause.
The Bill, which is implemented under Article 23 of the Basic Law of Hong Kong Kong, is set to prohibit new types of offences, and has proposed provisions which are vague and will criminalise the peaceful exercise of civil and political rights and likely lead to an increase in the number of political imprisonments in Hong Kong. Article 23 will bring further devastating consequences for human rights and freedoms in Hong Kong, beyond the impact of the National Security Law imposed by Beijing in 2020.
In the new Bill, anyone convicted of offences with seditious intention will be liable for up to seven years in jail; a person who is found to have colluded with an external force will be liable for 10 years in jail; and a person who, without reasonable excuse, possesses a publication that has seditious intentions is liable for three years’ imprisonment. There are also penalties of up to 10 years’ imprisonment for sedition-related offences and four new crimes which will be punished by up to life imprisonment.
In addition, there are new restrictions which can ban an arrestee from speaking to a lawyer of their choice, detention without charge will be extended to up to seven days, more severe penalties for activists abroad will be applied, and all offences will apply to “anyone” outside of Hong Kong.
Hong Kong Watch continues to condemn the proposed Article 23 legislation, and urges the Hong Kong government to genuinely consider our submission as well as others from the public consultation period and amend the Bill to align with Hong Kong’s obligations under international law.
Development 2: Hong Kong Watch celebrates International Women’s Day, highlights the bravery of Chow Hang-tung
Today, Hong Kong Watch celebrates International Women’s Day by standing in solidarity with the women political prisoners of Hong Kong, and continuing to call for accountability for the women’s rights violations in Hong Kong. Hong Kong continues to rank as having the highest rate of female prisoners in the world, who represent 19.7% of the total prison population. Among these, many are political prisoners.
This includes Chow Hang-tung, the former vice-chairperson of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China. Ms Chow was also charged with “inciting others to participate in an unauthorised assembly” for a Tiananmen Square Massacre vigil in 2021, and has been remanded in custody since September 2021. If convicted of “inciting subversion of state power,” she faces potential 10 years’ imprisonment. Chow’s trial is expected to begin in late 2024.
We urge the Hong Kong government to release women political prisoners and comply with its women’s rights obligations, and hold perpetrators of women’s rights violations accountable.
Development 3: Hong Kong Court of Appeal upholds 40-month sentence for Tam Tak-chi
The Hong Kong Court of Appeal upheld a 40-month sentence for Tam Tak-chi, the first pro-democracy activist tried under Hong Kong’s sedition law since the handover of Hong Kong in 1997. The Court ruled that chanting anti-government slogans or criticising laws are sufficient grounds to jail an individual for sedition.
Mr Tak-Chi was found guilty at the District Court for 11 charges in 2022, including “uttering seditious words”, “incitement to knowingly take part in an unauthorised assembly”, and “refusing to obey an order given by an authorised officer.” This included chanting the protest slogan ‘Liberate Hong Kong, revolution of our times” and criticising the National Security Law. He was acquitted of two charges for “disorderly conduct in a public place,” and one count of “conspiracy to utter seditious words.”
This ruling is expected to serve as a roadmap for the handling of other sedition cases, including in the looming verdict of Stand News former editor-in-chief Chung Pui-kuen and former acting editor-in-chief Patrick Lam.
香港政治犯審訊每週簡報（2024年3月4日至8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。他被控「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。黎智英長期批評中國共產黨，是因《國安法》被捕而備受關注的社運人士之一。
楊清奇開始出庭作供
第三名控方證人、前《蘋果》主筆楊清奇開始出庭指證黎智英。楊供指黎透過「飯盒會」收集各部門問題，並在會上給予指示，形容會議性質並非討論，基本上沒有意見交流。他憶述曾在會上向黎反映《國安法》實施後論壇版作者不足的問題，黎則指示多找海外作者，因他們相較不會太擔心《國安法》的影響，對政府批評會較尖銳，沒那麼多顧忌。他又指2019年反修例運動期間，黎會向他指定一些明顯支持抗爭的文章。
黎智英開審時否認全部控罪。
其他事件
事件1：港府火速審議23條立法草案 香港監察繼續促請當局遵守國際法義務
事件2：香港監察慶祝國際婦女節 聲援鄒幸彤等女性政治犯
事件3：譚得志煽動案上訴被駁回 料影響立場新聞等同類案件裁決