Monday, February 6, 2023

'Hong Kong 47' trial starts in city's biggest national security case

Dozens of pro-democracy activists held for two years since subversion arrests 


Most of the "Hong Kong 47" defendants were denied bail and held behind bars since their arrests in February 2021. (File photo by AFP/Jiji)

PAK YIU and FRANCES CHEUNG, Nikkei staff writers

February 6, 2023 14:42 JST   Updated on February 6, 2023 16:25 JST

 

HONG KONG -- Hong Kong started its biggest national security trial Monday with a group of prominent pro-democracy figures facing up to life in prison if convicted on subversion charges under the Beijing-imposed law.

The 16 defendants, including former legislator Raymond Chan, labor rights activist Winnie Yu and former journalist Gwyneth Ho, are among 47 people charged two years ago over what officials described as a "vicious plot" to destabilize the city's government in the fallout of mass street protests in 2019.

The other 31 charged in the high-profile "Hong Kong 47" case, including pro-democracy figure Joshua Wong and scholar Benny Tai, have pleaded guilty to charges of conspiracy to commit subversion. They will be sentenced later.

Most of the defendants were denied bail and have been held behind bars since their arrests in February 2021, a move blasted by rights activists.

Their arrests came after a series of predawn raids that marked the city's biggest security law crackdown since it was enacted in mid-2020 in response to the anti-government demonstrations.

The trial, which is expected to last about four months, centers on allegations that the defendants participated in an unofficial primary vote in 2020 to back opposition candidates in a legislative election.

On Monday, security was tight outside the courthouse where the trial was being held, while a protest was held outside calling for the release of political prisoners. Police roamed nearby streets with dogs and blockades were set up to inspect cars.

The small demonstration was organized by the League of Social Democrats, the city's last active pro-democracy political party. One protestor was carted away by police after he was accused of breaking mask-wearing rules.

"We face serious oppression for speaking out," said party leader Chan Po-ying, who is married to Leung Kwok-hung, a longtime political activist who is a defendant in the case. "It's sad that we now need the 'mercy' of the government to organize a protest."

Activists call for the release of political prisoners at a Hong Kong courthouse where more than a dozen pro-democracy figures are on trial on national security charges. (Photo by Takeshi Kihara)

Acts of subversion, secession, terrorism and colluding with foreign forces can carry a life term under the security law, while the minimum sentence is five years.

More than 100 people so far have been prosecuted under the law, which critics say has squashed civil liberties and criminalized dissent.

Pro-democracy tabloid Apple Daily's founder Jimmy Lai is to be tried on security law charges later this year. Six former senior staff at the now-shuttered paper have already pleaded guilty to collusion charges. A sedition trial against now-closed media outlet Stand News is also underway

The democracy activists' trial will be heard by three hand-picked national security judges rather than a jury, an otherwise routine practice in criminal cases under Hong Kong's common law system.

At least half a dozen witnesses -- including four of the defendants -- are expected to testify for the prosecution. The government says the 47 took part in a scheme to "paralyze the operations of the Hong Kong government" and lead to its "overthrowing," according to a 139-page summary of facts.

Media had been barred from publishing details about the case until August, when a High Court judge lifted the order.

Foreign diplomats, legal scholars and rights groups have paid close attention to the case amid growing concerns over the independence of Hong Kong's judiciary, which has been a pillar of the city's reputation as a financial and business hub.

Critics have described the trial as politically motivated, while the U.S., U.K., Australia and the European Union have expressed concerns about the charges.

"It is appalling that many well-respected activists have been held for two years, presumed guilty and denied bail," said Zhou Fengsuo, the incoming executive director of Human Rights in China. "It showcases the unjust and inhumane nature of the national security law."

Hong Kong officials -- including Chief Executive John Lee, who played a central role in protest crackdowns in 2019 when he was the city's security chief -- have rejected claims about declining judicial independence.

https://asia.nikkei.com/Spotlight/Hong-Kong-security-law/Hong-Kong-47-trial-starts-in-city-s-biggest-national-security-case

No comments:

Post a Comment