A Hong Kong court has convicted 14 pro-democracy activists under the draconian National Security Law imposed by Beijing that has effectively silenced public dissent, leading Human Rights Watch to call for the verdicts of what it labels a “show trial” to be overturned.
All were charged with “conspiracy to commit subversion,” and included former elected politicians, protest leaders, labour organisers, and academics, ranging in age from 26 to 68. Many have been in pretrial detention since their arrests in January 2021.
Earlier, 31 other defendants had pleaded guilty, hoping for more lenient sentences.
The prosecution named five defendants as “major organisers,” suggesting possible harsh sentences of up to life in prison.
Of the five, only one pleaded not guilty and was subsequently convicted. Another had pleaded guilty earlier, and the remaining three became prosecution witnesses in exchange for lighter sentences. Two former district councillors were acquitted.
The defendants helped organise or were candidates in a July 2020 informal public opinion poll—effectively an unofficial primary election—to select pro-democracy candidates for a coming legislative election.
The group said their plan was to win more than half of the legislative seats, and then press the Beijing and Hong Kong authorities to respond to popular protest demands and introduce universal suffrage to Hong Kong people.
Over 600,000 people participated in the poll, despite the Hong Kong government’s threats at the time.
However, the Legislative Council elections were postponed by authorities on COVID-19 grounds before the Chinese Communist Party (CCP) brought in a new electoral system that strictly vetted who could stand for office.
Prosecutors argued their real intent was to paralyse Hong Kong’s government and topple the city’s leader by securing the majority necessary to indiscriminately veto budgets.
Under the city’s Basic Law, the chief executive would be compelled to dissolve the legislature and eventually step down if major bills, such as the budget, were voted down.
In its verdict, the court said that the defendants’ plan amounted to “seriously interfering in, disrupting or undermining the performance of duties and functions” of the government by “unlawful means,” which constituted “state subversion.”
Crucially, the judges found that “unlawful means” were not limited to criminal acts.
The decision has been harshly criticised by Human Rights Watch and Amnesty International.
“Hong Kong’s mass show trial lays bare Beijing’s utter contempt for fundamental freedoms and democratic political processes,” said the organisation’s acting China director Maya Wang.
Australian Among Those Convicted
Human Rights Watch alleges all three judges at the trial were “handpicked by the Beijing-controlled Hong Kong chief executive.”The NGO said authorities had violated international due process standards, including prolonged pretrial detention and the denial of a jury trial.
Hong Kong authorities have also repeatedly refused Gordon Ng Ching-hang, an Australian citizen, consular access as required by international law.
“This unprecedented mass conviction is the most ruthless illustration yet of how Hong Kong’s National Security Law is weaponised to silence dissent. It represents a near-total purge of the political opposition and highlights the rapid disintegration of human rights in Hong Kong,” Amnesty International’s China Director Sarah Brooks warned.
“These convictions also send a chilling message to anyone else in Hong Kong who opposes the actions of the government, namely: stay quiet, or face jail.”
Before the hearing, the wife of one defendant, who is also the leader of the pro-democracy political party League of Social Democrats, and three other party members were arrested at court, according to a Facebook post by a party member.
Human Rights Watch called on the Australian government to join the United States, which to date is the only country that has imposed targeted sanctions on Chinese and Hong Kong officials following the imposition of the National Security Law.
“Governments around the world should support those in Hong Kong who stand firm on the front line in the struggle for democracy and human rights,” Ms. Wang said.
