Police stand guard outside the West Kowloon Magistrates’ Courts building, as the Hong Kong court convicted 14 pro-democracy activists in the city’s biggest national security case on May 30, 2024.
| Photo Credit: Reuters

A Hong Kong court on May 30 convicted 14 pro-democracy activists in the city’s biggest national security case under a law imposed by Beijing that has all but wiped out public dissent.

Those who were found guilty included former lawmakers Leung Kwok-hung, Lam Cheuk-ting, Helena Wong and Raymond Chan. But the three judges approved by the government to oversee the case acquitted two former district councilors Lee Yue-shun and Lawrence Lau.

They were among 47 democracy advocates who were prosecuted in 2021 for their involvement in an unofficial primary election. Prosecutors had accused them of attempting to paralyze Hong Kong’s government and topple the city’s leader by securing the legislative majority necessary to indiscriminately veto budgets.

The 16 defendants were among 47 democracy advocates who were prosecuted in 2021 for their involvement in an unofficial primary election under the sweeping law. They were accused of attempting to paralyze Hong Kong’s government and topple the city’s leader by securing the legislative majority necessary to indiscriminately veto budgets.

Observers said their subversion case will illustrate how the security law is being used to crush the political opposition following huge anti-government protests in 2019. But the Beijing and Hong Kong governments insist the law has helped bring back stability to the city and that judicial independence is being protected.

When Britain handed Hong Kong back to China in 1997, Beijing promised to retain the city’s Western-style civil liberties for 50 years. However, since the introduction of the 2020 law, Hong Kong authorities have severely limited free speech and assembly under the rubric of maintaining national security. Many activists were arrested, silenced or forced into self-exile. Dozens of civil society groups disbanded.

The prosecution of the primary case involves pro-democracy activists across the spectrum. They include legal scholar Benny Tai, former student leader Joshua Wong and a dozen former lawmakers including Leung Kwok-hung and Claudia Mo.

Thirty-one of them, including Tai, Wong and Mo, pleaded guilty to the charge of conspiracy to commit subversion. They have a better chance at shorter jail terms and will be sentenced at a later date.

The 16 others, including Leung, who pleaded not guilty and underwent a non-jury trial, are expected to appear in a two-day hearing starting Thursday.

Dozens of residents were lined up outside the police-guarded court building before 6 a.m. to secure a seat in the public gallery. Some supporters who were among the first in the line came as early as Wednesday evening.

Social worker Stanley Chang, a friend of one of the 16 defendants, said he arrived the site at 4 a.m. because he feared he could not get a seat. Mr. Chang said there were very few things supporters could do for them and that attending the hearing is a kind of company.

“I want to give some support for my friend and the faces I saw in news reports,” he said, who is in his 30s.

SL Chiu, who only gave his initials due to fear of government retribution, said the hearing marked a historic moment. To show his support, he said he had collected messages for the 47 activists from others in a sketchbook and planned to mail them if possible.

“Hong Kongers are still here. We haven’t given up. We are still with you all,” he said.

On Wednesday night, Lee Yue-shun, one of the accused, said on Facebook that Thursday was like a special graduation ceremony for him, though graduation is usually about sharing happiness with families and friends. “This perhaps best reflects the common helplessness of our generation,” he said.

The July 2020 primary was meant to shortlist pro-democracy candidates who would then run in the official election. It drew an unexpectedly high turnout of 610,000 voters, representing over 13% of the city’s registered electorate.

The pro-democracy camp at that time hoped they could secure a legislative majority, which would allow them to press for the 2019 protest demands, including greater police accountability and democratic elections for the city leader.

But the government postponed the legislative election that would have followed the primary, citing public health risks during the coronavirus pandemic. The electoral laws were later overhauled, drastically reducing the public’s ability to vote and increasing the number of pro-Beijing lawmakers making decisions for the city in the legislature.

Beijing also had criticized the vote as a challenge to the security law, which criminalizes secession, subversion and collusion with foreign forces to intervene in the city’s affairs as well as terrorism.

Tam Tak-chi, one of the 47 pro-democracy Hong Kong activists. File
| Photo Credit: AP

Criticizing laws or chanting anti-government slogans can be enough to jail someone for sedition in Hong Kong, an appeal court ruled Thursday in a landmark case brought under a colonial-era law increasingly used to crush dissent.

Hong Kong’s Court of Appeal upheld a 40-month sentence for pro-democracy activist Tam Tak-chi, the first person tried under the city’s sedition law since Hong Kong returned to Chinese rule in 1997. Mr. Tam’s lawyers had argued his conviction should be overturned because the prosecution did not show he meant to incite violence.

The prosecution is widely seen as part of Beijing’s clampdown on dissent in the former British colony, following widespread anti-government protests in 2019.

Mr. Tam was convicted on 11 charges in 2022, including seven counts of “uttering seditious words.” A judge at the lower court took issue with him chanting the popular protest slogan “Liberate Hong Kong, revolution of our times” — words the government says imply separatism — and criticizing the Beijing-imposed National Security Law during a primary campaign.

The judge said his words broke the law because they incited discontent against Hong Kong and disobedience to the law.

Mr. Tam and his lawyers had drawn hope from a ruling made by a top Commonwealth court in a 2023 case about a similar law. In that case, the London-based Privy Council said that the sedition law in Trinidad and Tobago could not be used to convict people unless they intended to incite violence or disorder. The Privy Council is the court of final appeal for a number of Commonwealth countries.

But the Hong Kong court rejected the argument, finding that the Privy Council ruling only applied to the law in Trinidad and Tobago.

Judge Jeremy Poon said sedition in Hong Kong is a statutory offense, not a common law offense. He added that law’s legislative history made it clear that an intention to incite violence is not a necessary element of most sedition offenses.

“Nothing suggests that any individual, including the applicant, a politician and activist highly critical of the government and a stern opponent of government policy, would be subject to an unacceptably harsh burden because of the restriction on seditious acts or speeches imposed by the offense,” the ruling said.

To effectively respond to seditious acts endangering national security, seditious intent has to be “broadly framed to encompass a myriad of situations” that may arise at different times, they said.

Their ruling is expected to guide other sedition cases in the city, including a looming verdict for two former editors at the now-shuttered pro-democracy news outlet Stand News. The media company shut down in 2021 after senior managers were arrested for sedition and police conducted a high-profile raid on its office.

Hong Kong has seen its freedoms decline in recent years as Beijing has tightened control over the city. The sweeping National Security Law, together with the sedition law, has been used to arrest pro-democracy activists and dissidents.

The Hong Kong government has hailed Beijing’s National Security Law for bringing back stability to the city. The city’s administration is planning its own version of the law, targeting offenses like theft of state secrets and espionage, and to sharpen other existing laws.

A draft bill will be submitted to the legislature for debate on Friday, and Hong Kong leader John Lee said in a statement he urged lawmakers to approve the bill “at full speed.”

In proposals unveiled in January, authorities said they were planning to increase penalties for “seditious intention.” Currently, first-time offenders face up to two years’ imprisonment.