Hong Kong 47: Mitigation hearings for national security case delayed by a month due to ‘unforeseen circumstances’

Hong Kong Free Press

The remaining mitigation hearings for a landmark national security case involving 47 Hong Kong democrats have been delayed by almost a month because of “unforeseen circumstances,” according to a document seen by HKFP.

Mitigation for defendants Eddie Chu, Sam Cheung, Wong Ji-yuet, Ng Kin-wai, Andrew Wan, Kwok Ka-ki, Carol Ng, and Roy Tam was originally scheduled for July 30 to August 1. The Judiciary’s website shows that their hearings have been adjourned to August 27 to 29.

Meanwhile, mitigation hearings scheduled for August 5 to 8 will be adjourned to September 2 to 5. Those hearings involve Gwyneth Ho, Ventus Lau, Alvin Yeung, Ray Chan, Owen Chow, Lam Cheuk-ting, Gary Fan, Hendrick Lui, Leung Kwok-hung, Mike Lam, and Ricky Or.

The adjournment was ordered by Justice Andrew Chan, one of the designated national security judges presiding over the case, citing “unforeseen circumstances” for the adjournment, according to a document dated July 16.

Wong Ji-yuet attended a case management hearing at the High Court on September 7, 2022. Photo: Peter Lee/HKFP.

The 19 yet to enter their mitigation pleas are among 45 democrats convicted of conspiring to commit subversion over an unofficial primary election held in July 2020, which aimed to help the opposition camp win a majority in the city’s legislature.

The defendants were said to have intended to abuse their powers to indiscriminately veto the government budget, which, the panel of three judges ruled during the trial, would have plunged Hong Kong into a “constitutional crisis.”

Most of the democrats involved in the case have been detained since they were taken into police custody in February 2021 ahead of a marathon bail hearing. The maximum penalty for a subversion offence under the security law is life in prison.

47 democrats mitigation July 5 — West Kowloon Law Courts Building on July 5, 2024. Photo: Kyle Lam/HKFP.

The security legislation was imposed by Beijing 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.