Published 17:48 IST, May 30th 2024

14-Pro Democracy Activists Convicted in Hong Kong's Biggest National Security Case

Those convicted, a list that includes former lawmakers and activists, stand accused of attempting to subvert the city's Beijing-aligned leadership.

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Police officers standing guard outside the West Kowloon Magistrates' Court in Hong Kong where the national security trial took place. | Image: AP
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Hong Kong: Fourteen pro-democracy activists were convicted in Hong Kong’s biggest national security case on Thursday by a court that said ir plan to effect change through an unofficial primary election would have undermined government’s authority and created a constitutional crisis.

After a 2019 protest movement that filled city’s streets with demonstrators, authorities have all but silenced dissent in Hong Kong through reduced public choice in elections, crackdowns on media and Beijing-imposed security law under which activists were convicted.

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Those found guilty of conspiracy to commit subversion included former lawmakers Leung Kwok-hung, Lam Cheuk-ting, Helena Wong and Raymond Chan, and y could face up to life in prison when sentenced later.

two defendants acquitted were former district councilors Lee Yue-shun and Lawrence Lau. But prosecution said it intends to appeal against acquittals.

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activists were among 47 democracy vocates who were prosecuted in 2021 for ir involvement in primary. Prosecutors h accused m of attempting to paralyse Hong Kong’s government and topple city’s leer by securing legislative majority necessary to indiscriminately veto budgets.

In a summary of verdict distributed to media, court said election participants h declared y would use ir legislative power to veto budgets.

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Under city's mini-constitution, chief executive can dissolve legislature if a budget cannot be passed but leer would have to step down if budget is again vetoed in next legislature.

In full, 319-page verdict, judges approved by government to oversee case also said if plan to veto bills would le to dissolution of legislature, it meant “ implementation of any new government policies would be seriously hampered and essentially put to a halt.”

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“ power and authority of both Government and Chief Executive would be greatly undermined,” court said in verdict. “In our view ... that would create a constitutional crisis for Hong Kong.”

As hearing concluded, some of convicted defendants waved at ir families as y left courtroom.

court acquitted Lau after it found he h not mentioned vetoing budget in his election campaign and court was unable to conclude he h intended to subvert state power.

Lee, or defendant found not guilty, thanked public for caring about case over past few years. “I feel calm, as I have always been,” he said.

Lee, like Lau, was acquitted after court found no evidence he mentioned vetoing in an election forum, nor h he personally expressed his stance on using veto power to force government to accede to 2019 protest demands.

While Lee h opted a similar political platform as or party members in now-defunct Civic Party, court took into account that he was a latecomer to party’s campaign for primary and that he would have h little choice but to opt platform used by ors. Thus, court said it could not be sure he h intended to subvert state power.

two will be kept on bail pending appeal, court said. A mitigation hearing has been tentatively scheduled for June 25.

Observers said subversion case illustrated how security law is being used to crush political opposition following huge anti-government protests in 2019. It also showed that Beijing's promise to retain former British colony’s Western-style civil liberties for 50 years when it returned to China in 1997 was becoming increasingly threbare, y said.

But Beijing and Hong Kong governments insisted law has helped bring back stability to city and that judicial independence was being protected. After verdicts, Beijing voiced its support for work of city's judicial and law enforcement officials, despite concerns from West.

47 activists charged included legal scholar Benny Tai, former student leer Joshua Wong and a dozen former lawmakers including Leung and Claudia Mo.

Thirty-one of m, including Tai, Wong and Mo, pleed guilty. y have a better chance at shorter jail terms and will be sentenced at a later date.

Before court hearing began on Thursday, four members of pro-democracy party League of Social Democrats, including Leung's wife Chan Po-ying, were arrested outside court building, according to a Facebook post by party member Figo Chan. y were initially planning to stage a tiny protest to voice support for activists.

Diplomats from United States, Australia and Britain, along with dozens of residents h waited outside police-guarded court building to secure seats to hear verdicts. Rights groups and several foreign governments later criticised court's decision.

Social worker Stanley Chang, a friend of one of 16 defendants who pleed not guilty, said he arrived site at 04:00 because he feared he could not get a seat. Chang said that he wanted to be re to show his support for defendants.

unofficial primary in June 2020 was meant to shortlist pro-democracy candidates who would n run in official election. It drew an unexpectedly high turnout of 610,000 voters, over 13 per cent of city’s registered electorate.

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

But government postponed legislative election that would have followed primary, citing public health risks during coronavirus pandemic. electoral laws were later overhauled, effectively increasing number of pro-Beijing lawmakers in legislature.

17:45 IST, May 30th 2024