Hong Kong’s largest national security trial opens

The 47 politicians, campaigners, activists, journalists and community workers are accused of ‘conspiracy to commit subversion’.

Police keep watch outside the court in Hong Kong on Monday. Picture: AFP

Hong Kong’s largest national security trial, involving 47 of the city’s best-known democracy advocates, began on Monday in a case critics say reflects the criminalisation of the pro-democracy movement in the Chinese territory.

The group of politicians, campaigners, activists, journalists and community workers are accused of “conspiracy to commit subversion” over the holding of unofficial pre-election primaries in July 2020.

“They were very much seen as the hope of the pro-democracy movement,” Joseph Cheng told The Australian. “This is a very sad case … the pro-democracy movement will feel there is no future,” said Professor Cheng, an activist who now lives in New Zealand.

There were huge queues outside the court in West Kowloon. Many had camped overnight to see the first day of the largest national security law case since Beijing imposed the sweeping measures on Hong Kong after democracy protests in 2019.

Diplomats from Australia, Britain, America, Canada, New Zealand, Germany, Sweden, Austria, Czech Republic, France, Italy and the EU office were also in attendance for the first day of hearings, expected to run for 90 days.

Australia’s Department of Foreign Affairs and Trade said it was tracking developments in the case.

“As Foreign Minister, Penny Wong has said, Australia remains deeply concerned by the continuing erosion of Hong Kong’s rights, freedoms and autonomy, and by the broad application of the National Security Law to pressure pro-democracy figures, opposition groups, the media, trade unions and civil society,” a DFAT spokeswoman told The Australian.

The League of Social Democrats held a small protest — a rare occurrence in the city now — denouncing the case as political persecution. Dickson Chau Ka-fat, the party’s vice-chairman, was taken away by police after the activist pulled down his face mask while making a speech. He was accused of violating Hong Kong’s mask mandate.

Inside the court, the packed public gallery cheered after the defiant remarks by some of the defendants. Former legislator “Long Hair” Leung Kwok-hung told the court there was “no crime to admit,” when he reiterated his not guilty plea.

The commotion prompted a telling off by one of the judges hand-picked by the government to hear the national security case.

“This is a very solemn occasion. So far I paid every respect to every defendant and every member of the public. So I ask for the same respect from you,” said High Court judge Andrew Chan Hing-wai.

Those on trial represent a cross-section of Hong Kong’s political opposition, including prominent legal scholar Benny Tai, former legislators Claudia Mo, Au Nok-hin and Leung, and high-profile activist Joshua Wong.

Sixteen of them have pleaded not guilty to charges of “conspiracy to commit subversion” related to their involvement in an unofficial primary election organised ahead of legislature polls. The other 31 have pleaded guilty and will be sentenced after the trial.

The group was jointly charged in March 2021. Most have already spent nearly two years behind bars.

Their stated aim was to win a majority in the city’s partially elected legislature, which would allow the bloc to push the protesters’ demands and potentially force the resignation of Hong Kong’s leader. According to Hong Kong authorities, their goals were tantamount to trying to bring down the government. The election was subsequently scrapped, and Beijing brought in a new political system that strictly vetted who could stand for office.

The court has heard that three people will give evidence as witnesses for the prosecution.

Before the hearings began, Hong Kong’s chief justice Andrew Cheung defended the courts against accusations of politicisation. “Whilst, inevitably, the court’s decision may sometimes have a political impact, this does not mean the court has made a political decision,” he said.

The trial is being heard in an open court but without a jury, a departure from the city’s common-law tradition. Those accused of being “principal offenders” could face life in prison.

“It is as if the national security law is now the new constitution for Hong Kong and the judges are playing their role in making sure that happens,” said Dennis Kwok, Hong Kong’s former legal sector legislator.

Additional reporting: AFP