Hong Kong convicts 14 democracy campaigners of subversion

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 organizing an unofficial primary in 2020 to pick candidates who can run for office.

The court ruled on Thursday that they would have “[created] a constitutional crisis for Hong Kong” if they had indeed been elected to the legislature.

Rights groups and several Western countries have condemned the verdict, repeating concerns that the prosecutions were “politically motivated”.

“The conviction… marks a further deterioration of fundamental freedoms and democratic participation in Hong Kong,” said EU foreign affairs spokeswoman, Nabila Massrali.

Outside the courthouse, Vanessa Chan, the wife of Leung Kwok-hung, was arrested along with three other activists for trying to stage a protest, according to police sources.

Ms Chan is now the chairperson of the League of Social Democrats, one of the very few pro-democracy political groups that still exist in Hong Kong

An official said they had been engaged in “disorderly conduct”.

Australia 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,” Foreign Minister Penny Wong said.

One of the convicted campaigners Gordon Ng is an Australian citizen.

On Thursday, three High Court judges Andrew Chan, Alex Lee, and Johnny Chan agreed with the prosecutors’ argument that had the pro-democracy candidates been elected they would have tried to “veto or refuse to pass any budgets” introduced by the Hong Kong government.

This and other actions, the court said, would have led to “serious interfering in, disrupting or undermining the performance of duties and functions in accordance with the law by the (Hong Kong) government”.

As evidence, the court 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 councilors 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,” Mr 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.