BREAKING: 14 Hong Kong democrats convicted, 2 cleared of conspiring to commit subversion in landmark national security trial

Hong Kong Free Press

This is a developing story – please refresh for updates…

Fourteen Hong Kong democrats have been found guilty and two have been cleared of taking part in a conspiracy to commit to commit subversion in a landmark national security trial revolving around their roles in an unofficial primary election in July 2020.

A panel of three designated national security judges delivered its verdicts to the former lawmakers, ex-district councillors and a former journalist at the West Kowloon Law Courts Building on Thursday.

First acquittals under national security law

Lawrence Lau and Lee Yue-shun were acquitted – becoming the first two people tried under the Beijing-imposed security law to be cleared of their charges. They were allowed to leave the dock, but remained on bail at least until court resumed at 2.30 pm. Those found guilty were taken immediately into custody.

A 319-page court document was posted online after the verdicts were handed down, explaining the judges’ reasons for their rulings.

Those convicted face three tiers of penalty depending on their level of participation in the offence. The maximum sentence is life in prison, while the minimum sentence is “fixed term imprisonment of not more than three years, short-term detention or restriction.”

Barrister Lawrence Lau speaks to the press outside the West Kowloon Law Courts Building after a panel of judges found him not guilty of being involved in a conspiracy to commit subversion under the Beijing-imposed national security law, on May 30, 2024. Photo: Kyle Lam/HKFP.

Speaking to the press outside the court building after learning of his acquittal, Lau expressed his gratitude to all those who had “shown their big hearts and concerns,” before adding that “there are still other defendants in this case warranting our concern and even love.”

Lau, a barrister who represented himself during trial, continued: “if there is any star in this case, this judgement should be the star. It [shows] the jurisprudence, reasoning, logic, perspectives of our judges. Please study it. It is more important than any single individual of this case. It is part of our rule of law.”

At the centre of the case is an unofficial primary poll held in July 2020, which aimed to help the opposition camp win majority control of the then-70-seat legislature. The alleged conspiracy was initiated and promoted by former law professor Benny Tai, who was among 31 defendants who earlier pleaded guilty, prosecutors alleged.

Of the 16 defendants who received their verdict, six are in remand. Four – ex-Stand News reporter Gwyneth Ho, ex-lawmakers Lam Cheuk-ting and Leung Kwok-hung and activist Gordon Ng – have been detained since they were charged in February 2021.

A Correctional Services Department vehicle pulls into the West Kowloon Law Courts Building on May 30, 2024, where three judges will deliver their verdict to 16 defendants involved in the city's largest national security case. Photo: Kyle Lam/HKFP. — A Correctional Services Department vehicle pulls into the West Kowloon Law Courts Building on May 30, 2024, where three judges will deliver their verdict to 16 defendants involved in the city’s largest national security case. Photo: Kyle Lam/HKFP.

The 118-day trial, which was conducted without a jury in a departure from common law tradition, started last February and ended in December.

Hong Kong 47

The trial of the Hong Kong 47, named for the number of defendants charged in the proceedings, is the city’s largest national security case to date.

According to the prosecution’s case, the democrats held election primaries in July 2020 in an attempt to determine the candidates best placed to help them win a controlling majority in the upcoming Legislative Council election.

A long line of people waiting to get into the West Kowloon Law Courts Building on May 30, 2024, where three judges will deliver their verdict to 16 defendants involved in the city's largest national security case. Photo: Kyle Lam/HKFP — A long line of people waiting to get into the West Kowloon Law Courts Building on May 30, 2024, where three judges will deliver their verdict to 16 defendants involved in the city’s largest national security case. Photo: Kyle Lam/HKFP

Prosecutors alleged that the democrats saw a legislative majority as a “lethal constitutional weapon“ and intended to abuse their legislative powers to indiscriminately veto bills, forcing the chief executive’s resignation and a government shutdown.

During the 118-day trial that began in February last year, the prosecution argued the 16 defendants’ involvement in the alleged conspiracy.

To support their claims, prosecutors relied on the testimonies of four defendants who became witnessed for the prosecution. They were primary election organiser Au Nok-hin, ex-district councillors Andrew Chiu and Ben Chung, and businessman Mike Lam.

democrats pro democracy 35+ legco legislative council primary election 2020 september au nok hin andrew chiu benny tai — Organisers of the primary elections at a press conference on June 9, 2020. Photo: Rachel Wong/HKFP.

The four were among the 31 defendants who pleaded guilty and are awaiting sentencing. The defendants include activist Joshua Wong as well as ex-lawmakers Claudia Mo, Eddie Chu and Wu Chi-wai.

Beijing inserted national security legislation directly into Hong Kong’s mini-constitution in June 2020 following a year of pro-democracy protests and unrest. It criminalised subversion, secession, collusion with foreign forces and terrorist acts – broadly defined to include disruption to transport and other infrastructure. The move gave police sweeping new powers and led to hundreds of arrests amid new legal precedents, while dozens of civil society groups disappeared. The authorities say it restored stability and peace to the city, rejecting criticism from trade partners, the UN and NGOs.