14 pro-democracy activists convicted in national security case

Hong Kong: A Hong Kong court on Thursday convicted 14 pro-democracy activists in the city’s biggest national security case under a law imposed by Beijing that has virtually stamped out public dissent. Those found guilty of plotting subversion included former lawmakers Leung Kwok-hung, Lam Cheuk-ting, Helena Wong and Raymond Chan, and could face life imprisonment if sentenced later. Two of the acquitted defendants were former district councillors Lee Yu-shun and Lawrence Lau. They were among 47 pro-democracy supporters prosecuted for their involvement in an unofficial primary election in 2021. Prosecutors had accused them of attempting to paralyse Hong Kong’s government and topple the city’s leader by indiscriminately securing the legislative majority needed to veto the budget.

In a summary of the ruling distributed to the media, the Court said the election participants had declared they would “either actively or indirectly use the power granted by the (Basic Law) to the (Legislative Council) to veto the budget.” Under the Basic Law, the chief executive can dissolve the legislature if the budget fails to pass, but the leader must step down if the budget is vetoed again in the newly formed legislature. In the full 319-page ruling, the Court also said if the plan to veto bills leads to the dissolution of the legislature, it means “the implementation of any new government policies will be seriously hindered and inevitably halted.” “The power and authority of both the Government and the Chief Executive will be greatly diminished,” the Court said in the ruling. “In our view … this would cause a constitutional crisis for Hong Kong.” The judges concluded that “illegal means” are not limited to criminal acts, and it was not necessary for the prosecution to prove that the accused knew the means to be used were “illegal”.

Court was adjourned until later on Thursday, and Judge Andrew Chan did not provide any further details on the court’s reasoning.Lau, who was acquitted, told reporters that he should not be the center of attention at the moment because the other defendants in the case need the public’s concern and love.He said that if there is a “star” in the case, the verdict should be the “star” because it determines the judges’ reasoning and approach. “This is part of our rule of law,” he said.The court acquitted Lau because it found that he had not mentioned vetoing the budget in his election campaign and the court was unable to conclude that he intended to undermine the power of the state.Lee, who was found not guilty, thanked the public for caring about the case over the past few years. He said he could not say anything more about the verdict, as the prosecution may appeal his acquittal.

“I feel as calm as ever,” he said. In an earlier post on Facebook, he said Thursday was like a special graduation ceremony for him, although graduation is usually about sharing happiness with family and friends. “This perhaps best reflects the common helplessness of our generation,” he said in his post on Wednesday. Lee, like Lau, was acquitted, as the court found no evidence that he had mentioned the veto on the election platform, nor had he personally expressed his stance on using the veto power to force the government to give in to protesters’ demands. While Lee – who was a member of the now-defunct Civic Party – had adopted a similar political platform as other party members, the court took into account that he was a latecomer to the party’s campaign for the primary election and had no choice but to adopt a platform used by others. Thus, the court said in the ruling that it could not be certain that his intention was to undermine state power.

Observers said the subversion case showed how the security law was being used to crush political opposition following massive anti-government protests in 2019. But Beijing and the Hong Kong governments insisted the law had helped return stability to the city and that judicial independence was being protected.When Britain handed Hong Kong back to China in 1997, Beijing promised to maintain the city’s Western-style civil liberties for 50 years. However, since the introduction of the 2020 law, Hong Kong authorities have severely restricted freedom of speech and assembly in the name of maintaining national security. Many activists have been arrested, silenced or forced into self-exile. Dozens of civil society groups have disbanded.