Explainer: Hong Kong’s national security crackdown – month 42
Hong Kong Free Press
In the 42nd month since Beijing imposed a national security law on Hong Kong – criminalising secession, subversion, foreign collusion and terrorism – one of the most high-profile trials to date finally got underway following more than a year of delays and debate.
National security police also issued more arrest warrants and HK$1 million bounties for overseas activists, and one of the pro-democracy movement’s best-known faces – Agnes Chow – broke a lengthy silence to announce that she had left Hong Kong and would not be coming back.
Trial against media magnate Jimmy Lai begins
The national security trial against detained media mogul Jimmy Lai opened on December 18 amid a heavy police presence and calls for his release from international governments.
Lai, who recently marked his 76th birthday in a high-security prison, stands accused of conspiring to collude with foreign forces under the national security legislation, and taking part in a conspiracy to publish “seditious” materials under the city’s colonial-era sedition law. He faces up to life in prison if convicted.
His defence team kick-started proceedings by arguing that the sedition charge should be dismissed as it had been laid against him outside of the six-month statute of limitations stipulated by the law. The court, however, sided with the prosecution, which said that the sedition charge had been filed to the court within the allotted time-frame.
More arrest warrants for overseas activists
Hong Kong’s national security police announced arrest warrants for five more overseas activists on December 14, placing HK$1 million bounties on their heads and bringing the total number of self-exiled Hongkongers wanted over alleged national security offences to 13.
Those named in December were: Simon Cheng, Frances Hui, Joey Siu, Johnny Fok, and Tony Choi.
Arrests for allegedly financing wanted democrats
Four people were arrested by national security police on December 13 over links to activists Nathan Law and Ted Hui, who were among the eight whose arrest warrants were announced in July.
The four, aged 29 to 68, were said to have provided financial assistance to Law and Hui via an online subscription platform between December 2020 and November 2023, with the amounts involved ranging from HK$10,000 to HK$120,000.
Agnes Chow leaves Hong Kong
Pro-democracy activist Agnes Chow, who was jailed over her role in the 2019 protests and unrest, revealed on December 3 that she had moved to Canada and would not return to Hong Kong to meet her bail conditions.
Chow had been arrested in 2020 alongside pro-democracy media tycoon Jimmy Lai and accused of “colluding with foreign forces to endanger national security,” but was released on bail without charge, with police keeping her passport as part of her bail conditions.
Before leaving for Canada, Chow said she had been required to travel to mainland China with five police officers to learn about China’s achievements as a condition to get her passport back.
Tony Chung flees to the UK
On December 28, Hong Kong activist Tony Chung announced that he had left the city for the UK to seek political asylum, following the completion of his jail term earlier in 2023 over a national security offence.
The 22-year-old said that, as part of supervision rules since his release from prison in June, he was barred from leaving “the country” for one year. But he managed to seek permission from the Correctional Services Department to travel to Japan for Christmas. From there, he bought a flight to the UK.
Chow Hang-tung wins prize, again denied bail
Pro-democracy activist Chow Hang-tung, who has been detained for two years under the national security law, was awarded a human rights prize by the foreign ministries of France and Germany on December 12. The government said in a statement the following day that it firmly opposed the “so-called ‘human rights and rule of law’ prize being awarded to Chow Hang-tung.”
Later that month, a Facebook support group for Chow claimed that she had again been placed in solitary confinement after receiving “too many letters.”
In October, an international rights NGO expressed its concern after learning that Chow had reportedly been placed in solitary confinement six times since June.
Chow also appeared at Hong Kong’s High Court on December 21 to seek bail before her as-yet unscheduled trial for allegedly inciting subversion under Beijing’s sweeping security law.
Her application was dismissed, with the judge saying there were insufficient grounds to believe that she would not continue to endanger national security if bail were granted.
Glory to Hong Kong appeal
Protest song Glory to Hong Kong was mistaken as the city’s national anthem more than 800 times, a government lawyer said in an appeal against a lower court’s rejection of an injunction to ban unlawful acts relating to the song.
The song, dubbed the anthem of the 2019 protests, amounted to a “weapon” for people to threaten the authorities, Senior Counsel Benjamin Yu said on December 19, citing an interview the composer gave. He urged the Court of Appeal to reconsider prohibiting the dissemination of the song.
In June, Hong Kong authorities asked the court to grant an order to bar anyone from distributing Glory to Hong Kong with the intention to incite secession, sedition, or to violate the national anthem law, and anyone from assisting with those acts.
Protests against local elections thwarted
Three members of pro-democracy party the League of Social Democrats (LSD) were arrested on December 10 as they were on their way to protest the city’s “patriots-only” District Council election.
The group’s chairperson Chan Po-ying and vice-chairs Dickson Chow and Yu Wai-pan were taken to Central Police District Headquarters. Police later said three people, aged 31 to 67, had been arrested on suspicion of inciting others to intervene in the District Council elections.
Veteran activist Koo Sze-yui was arrested days earlier over plans to protest what he called an “unfair” election, from which the opposition was effectively barred from running.
In a statement released on December 8, police said officers from its National Security Department had arrested a 77-year-old man in Cheung Sha Wan on suspicion of attempting or preparing to do an act with a seditious intention.
Around 1.19 million eligible electors cast ballots in the opposition-free election, a record-low turnout of 27.5 per cent, and a significant drop from the 71.2 per cent recorded during the last District Council election held in 2019 amid the extradition bill protests.
Chief Executive John Lee applauded the “good turnout,” claiming that there were still people who had attempted to “sabotage” the “patriots-only” race.
Removed devices see woman jailed
Marilyn Tang, the sister of former Hong Kong labour activist Elizabeth Tang, was jailed for six months on December 21, after she earlier pleaded guilty to removing electronic devices from her sister’s home following Elizabeth’s arrest under the national security law.
Elizabeth Tang, the former chief executive of the now-disbanded Hong Kong Confederation of Trade Unions, is married to jailed pro-democracy activist Lee Cheuk-yan. She was detained by national security police in March outside the prison where Lee was being held on suspicion of colluding with foreign forces.
Tong Ying-kit on national security show
Tong Ying-kit, the first person jailed under the national security law, featured in a Hong Kong police-promoted television special, saying he was swayed by the atmosphere in society when he committed his offence.
The programme, National Security Law – the Cornerstone of Prosperity and Stability, featured clips of Tong – who was sentenced to nine years in jail – in a prison courtyard and a cell.
It was the second time in a week that the programme had featured an apparent expression of regret by an inmate jailed as a result of the protests and unrest that began in 2019.
Tsang Chi-kin, a protester who was shot by police during clashes in 2019 and hid in safe houses for two years before a failed attempt to flee to Taiwan, also appeared in the series. He was sentenced to three years and 11 months in prison in October after he pleaded guilty to charges including rioting and perverting the course of justice.
Organisers of Tiananmen vigils appeal
Former organisers of Hong Kong’s annual Tiananmen vigils appealed their conviction and four and a half month sentences over failing to comply with a data request from national security police.
Former vice-chairperson of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China Chow Hang-tung, and two of the now-defunct group’s standing committee members Tang Ngok-kwan and Tsui Hon-kwong, appeared at the High Court’s Court of Appeal on December 6.
Lawyers representing the trio argued that the Alliance was not a foreign agent, and as a result, police had no right to demand information from the group.
47 democrats trial ended
Closing arguments in the city’s largest national security trial to date came to an end on December 4, 10 months after proceedings began against 16 defendants who pleaded not guilty to conspiring to commit subversion.
The 16 were among the 47 pro-democracy figures charged over their roles in an unofficial legislative primary election held in July 2020.
Most of the defendants have been detained since a marathon bail hearing in March 2021, after being taken into police custody on February 28, 2021. Prosecutors have alleged that the democrats intended to abuse their powers as lawmakers – if elected – to indiscriminately vote down government bills and paralyse government operations.
One of three handpicked national security judges presiding over the non-jury trial said a verdict would tentatively be delivered in three to four months. However, there were “no guarantees” that timeline would be met, as another of the judges would be on the panel of judges overseeing the trial against media tycoon Jimmy Lai.
Moody’s downgrades Hong Kong outlook rating
Ratings agency Moody’s downgraded its outlook on Hong Kong’s credit rating to negative from stable on December 6, citing – among other factors – the impact of the national security law.
“Following signs of reduced autonomy of Hong Kong’s political and judiciary institutions, notably with the imposition of a National Security Law in 2020 and changes to Hong Kong’s electoral system, Moody’s expects further erosion of [Hong Kong’s] autonomy of political, institutional and economic decisions to continue incrementally,” it said.
National security a ‘core value’ for civil servants
Upholding national security will become a “core value” for Hong Kong’s 175,000 civil servants, according to a proposed new code of conduct.
The Civil Service Bureau published a draft of its updated Civil Service Code on December 13. The 30-page document, twice as long as the current code, begins with stating that Hong Kong has entered “a new era in its governance” under the national security law and following an overhaul of the electoral system to ensure only “patriots” can lead the city.
Alongside values including passion for public service, integrity and professionalism, civil servants will also be required to uphold the constitutional order and national security.
National security law amended
The Hong Kong government amended the Beijing-imposed national security law to allow authorities to freeze assets of suspects and defendants charged under the legislation until all legal proceedings against them have concluded.
The Committee for Safeguarding National Security and Chief Executive John Lee announced on December 15 that they had amended the law with immediate effect.
“The amendments are technical in nature and the scope of the proposed amendments is extremely narrow,” a government spokesperson said in a statement. “After the amendment, the property right of the suspects and defendants of cases concerning offences endangering national security remains protected in accordance with the law.”
John Lee cites ‘soft resistance’ in security talk
Chief Executive John Lee said on December 6 that people who said that the government only focused on national security were committing “soft resistance.”
“Some people may put up ‘soft resistance,’ deliberately saying the government only focuses on a certain aspect like national security, and ignores the others. That’s ridiculous,” Lee told government-funded broadcaster RTHK in Cantonese. “Look at my policies. There are policies on national security, but most of them are not about national security.”
Regina Ip on ‘soft resistance,’ more security laws
Executive Council Convenor Regina Ip discussed “soft resistance” and what she saw as a need for further security legislation in a launch episode of HKFP’s new podcast, Yum Cha.
Ip said that soft resistance was “hard to define.”
“I can’t really speak on behalf of the government… [authorities] have not really defined it very clearly, maybe because it’s hard to define,” Ip said. “[It] probably means not unlawful, definitely something marginal, in the grey area, not against the law, so that you can’t catch them, charge them with an offence, but somehow it’s against government.”
During her tenure as secretary for security, a position she assumed in 1998, Ip spearheaded efforts to pass Hong Kong’s own security law, known locally as Article 23 after the Basic Law. But mass protests in 2003 caused the legislation to be shelved and she stepped down.
Despite the 2020 national security law, Ip said it was still necessary for Hong Kong to enact its own security legislation to ensure that “all the security mechanisms are in place.”
“I think the sooner we complete enactment of Article 23 legislation the better,” Ip said, adding that the government would feel more “relaxed” after it had completed its duty.
Emily Lau on national security police visit
In the other launch episode of HKFP Yum Cha, veteran democrat Emily Lau discussed receiving an early morning visit from national security police at her home in 2021, and the impact the Beijing-imposed law had had on the city.
Lau also discussed challenging late UK prime minister Margaret Thatcher on the Sino-British Joint Declaration soon after it was signed in 1984, and how that encounter propelled the then-journalist into politics, and why young Hongkongers should be grateful for the work she and her peers did while part of the legislature.
Latest prosecution and arrest figures
HKFP has reached out to the Security Bureau for the latest prosecution and arrest figures.
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https://hongkongfp.com/2024/01/01/explainer-hong-kongs-national-security-crackdown-month-42/