Hong Kong has found 14 pro-democracy activists guilty of subversion in the largest use yet of a China-imposed National Security Law.
They included former lawmakers Leung Kwok-hung and Helena Wong, journalist-turned-campaigner Gwyneth Ho, and ordinary Hong Kongers who joined the mass protests of 2019 such as nurse Winnie Yu.
They were among the 47 activists charged with trying to “overthrow” the government by organising an unofficial primary in 2020 to pick candidates who can run for office.
They would have “[created] a constitutional crisis for Hong Kong” if they had indeed been elected to the legislature, the court ruled on Thursday.
The three High Court judges Andrew Chan, Alex Lee, and Johnny Chan agreed with the prosecution’s argument that they would have “pursued a course of conduct which was to indiscriminately veto any budgets or refuse to pass any budgets… to be introduced by the government”.
As evidence, the court also cited letters and campaign materials found at the defendants’ homes and on their devices when they were arrested more than three years ago.
The court acquitted two of the defendants – former district councillors Lawrence Lau and Lee Yue-Shun – saying it “cannot be sure” that they were “parties to the scheme” or that they “had the intention to subvert the state’s power”. But the justice department said they would appeal the acquittals.
The 47 make up some of the most prominent names in the pro-democracy movement, going back to 2014, when thousands protested for free and fair elections.
“They encapsulate the diverse and universal yearning for democracy and freedom among Hong Kong’s citizens,” Simon Cheng, who was accused of violating the NSL, told the BBC. He fled Hong Kong and has since been granted asylum in the UK.
The case has drawn huge attention as yet another test for Hong Kong’s civil liberties under Beijing’s rule. Along with the trial of billionaire Jimmy Lai, it has spotlighted the growing criticism that the National Security Law (NSL) has been used to crush dissent. But China says the law restored stability to the city in the wake of the 2019 protests and is essential to maintaining order.
In response to the verdict on Thursday, Beijing’s foreign ministry said, “Hong Kong is a society based on rule of law… No one can conduct illegal activities under the banner of democracy and try to escape legal sanctions.”
“We resolutely oppose certain countries intervening in China’s domestic affairs and smearing or undermining Hong Kong’s legal system by individual judicial cases,” said the ministry’s spokeswoman Mao Ning.
Hong Kong’s officials hail the NSL’s nearly 100% conviction rate, but legal experts say that shows how it is being used to silence dissent nearly 300 people have been arrested under it for a wide range of acts.
Sentencing is expected at a later date, including for the remaining 31 who pleaded guilty. Subversion carries a maximum term of life imprisonment and it’s unclear if a guilty plea warrants a reduced sentence under the NSL.
Many of the guilty pleas were “likely taken as a pragmatic decision, [as the activists] recognise that their chances of a fair trial are slim,” Cheng said.
“It’s a tragic reflection of how activists are being forced into concessions just to mitigate the severity of their punishment under an increasingly authoritarian regime,” he said.
Australia’s foreign minister Penny Wong said she had “expressed our strong objections to the Hong Kong authorities on the continuing broad application of national security legislation to arrest and pressure pro-democracy figures, opposition groups, media, trade unions and civil society”.
The 14 convicted activists include Gordon Ng, an Australian citizen.
