Verdict in landmark Hong Kong national security trial shows common law system intact, gov’t advisor says
Hong Kong Free Press
The verdict in Hong Kong’s largest national security case to date – which saw 14 pro-democracy figures convicted of conspiring to commit subversion and two acquitted – demonstrated that the city’s common law system was intact and effective, a government advisor has said.
Ronny Tong, a member of the city’s top advisory body the Executive Council, said on Friday the court had “set an unprecedentedly high threshold” for the conviction of subversion under the Beijing-imposed national security law. The acquittals were proof of the rigorous legal processes in Hong Kong, he added.
The 16 who stood trial for the subversion charge were among 47 pro-democracy politicians and activists prosecuted over their involvement in an unofficial primary election in 2020. Those found guilty on Thursday now await sentencing alongside 31 who earlier pleaded guilty. They face up to life behind bars.
Their trial was overseen by a panel of three High Court judges handpicked by the city’s leader to sit over national security cases, without a jury.
The judges said in the verdict that the primary election was part of a scheme that – by indiscriminately vetoing government budgets once a legislative majority was obtained – would result in “seriously interfering in, disrupting, or undermining” the functions of the government.
“In our view… that would create a constitutional crisis for Hong Kong,” they said.
Tong, a barrister by profession, said the judges had ruled that a successful conviction would require proof of a “dual intention.”
“One is the intention to participate in unlawful acts, but that was not enough, it has to be accompanied by a criminal intention to subvert state power,” he told RTHK in Cantonese.
Two former district councillors, Lawrence Lau and Lee Yue-shun, were acquitted on Thursday, the first defendants be cleared of security law charges since it came into force in 2020. Tong said their acquittal showed that the prosecution could not convince the court of the pair’s criminal intentions.
“Our common law system is very rigorous. There will not be people who are found guilty without a reason or an intention,” he added.
The government said it intended to appeal against the not guilty verdicts of the pair, whose bails were extended under a newly-amended rule.
‘Common sense’
Regarding the offence of subverting state power, the verdict noted that the security law did not include a definition of “subvert” nor “state power” and drew reference to the terms’ dictionary definitions.
When asked about the lack of legal definitions, Tong said the law was grounded in “common sense” and people could understand the meaning of subversion from a general perspective.
“When the government’s ability to function is seriously impeded, impacting its legitimacy and stability, that would be the first step of subversion,” Tong said.
“Of course there is a matter of degree. An impediment in days might not lead to an unstable government. But months? That could be a problem. When it’s an outright threat for [the government] to step down, that would be a big problem,” he continued, adding that the court would decide what was acceptable under the law.
Tong said that despite the security law being drafted in the mainland, the trial had applied common law principles.
“Although the trial really dragged on for too long, it was open and without concealment. Every piece of evidence was publicised by television, radio, and the media,” Tong said. The trial lasted 118 days and was the city’s longest-running national security trial.
“The verdict was detailed and comprehensive, having considered every piece of evidence,” he added.
That was testament to the city’s effective common law system, he said, adding that Western criticism of the city’s “arbitrary prosecution” was unfounded.
Tong added that it was inappropriate to comment on the role of each individual defendant as sentencing was pending. A mitigation hearing has been set for June 25.
Among the 47 are some of Hong Kong’s most prominent pro-democracy politicians and activists, including legal scholar Benny Tai, ex-lawmakers “Long Hair” Leung Kwok-hung and Claudia Mo, and activists Joshua Wong and Gwyneth Ho.
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.
Since then, 128 people had been convicted under the security law, according to the security bureau.
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