Hong Kong’s largest national security trial began on Monday, involving 47 of the city’s most high-profile democracy advocates, in a hearing that has been labelled a trial of the territory’s pro-democracy movement itself.
The group of former politicians, activists, campaigners, and community workers are accused of “conspiracy to commit subversion” over the holding of unofficial pre-election primaries in July 2020.
The case is at the centre of the Hong Kong and Beijing governments’ crackdown on opposition and dissent in the city, after the mass pro-democracy protests in 2019.
Among the accused are legal academic Benny Tai, former lawmakers Claudia Mo, Au Nok-hin and Leung Kwok-hung, and well-known activists Joshua Wong and Lester Shum. Gwyneth Ho, 32, a former journalist turned primary candidate, is among those pleading not guilty.
On Monday prosecutors told the West Kowloon magistrates court that the accused had conspired to seriously interfere, disrupt or undermine the duties and functions of the Hong Kong government, “with a view to subverting the state power”. An amended filing revealed the prosecution had dropped one accusation that the group intended to use “the threat of force”, a change noted in court by Ho.
The trial opened with the court reading out the charge and formally taking pleas from 18 defendants in front of three national security judges – Andrew Chan, Johnny Chan and Alex Lee. All 18 repeated that they would plead not guilty except Ng Kin-wai, an ex-district councillor, and Mike Lam, a merchant.
Ng, who indicated his intention to change his plea to guilty last November, told the three judges: “I did not succeed in subverting the state power. I plead guilty.”
Lam also officially confirmed that he pleaded guilty to the charge, after he informed the court of such intention last month.
Leung, on the other hand, said in court that there was “no crime to admit” when he reiterated his not guilty plea. “It is not a crime to act against a totalitarian regime,” he said.
Those who have pleaded guilty will not be sentenced until after the trial, which is expected to run for 90 days.
Those accused of being “principal offenders” could face life in prison. The court has heard that four people will give evidence as witnesses for the prosecution – Shum, Au, Lam, and former district councillors Andrew Chiu and Ben Chung.
The case has been condemned by human rights and legal groups, who accuse the government of using the national security law and changes to the justice process – including the justice secretary barring a jury from this trial – to crush dissent.
On Monday, Judge Chan told members of the public to “respect” the hearing, after some people laughed while the democrats were taking pleas. Chan also warned the defendants not to disturb the proceedings or shout from the dock, threatening to put them “behind the door”.
Hundreds of people had lined up outside the court before its expected start, vying for one of 39 tickets allocated for the public to sit in the main court room. Some of those waiting told Hong Kong Free Press they did not know what case they were waiting for, or gave the name of a separate case involving the media mogul and activist Jimmy Lai. Several told others not to talk to reporters, while some filmed and photographed journalists. A group of women who had obtained tickets were later seen leaving before the hearing commenced.
There was a heavy police presence, including police dogs checking nearby bushes, and a small protest by members of the League of Social Democrats, one of Hong Kong’s last active pro-democracy groups.
Chan Po-ying, the chair of the group, was heard saying “hope reporters are all filming this” as officers surrounded and shoved her. Chan and a colleague, who held up a banner, were moved to another area behind a barricade.
“Crackdown is shameless,” read the banner. “Immediately release all political prisoners.”
Robin, a journalism student at the University of Hong Kong, was the first in line outside the court building. He said that he arrived at 6pm on Sunday, wanting to attend the hearing “out of his own interests”.
“I just heard that all the most outspoken activists are here, like Joshua Wong, Gwyneth Ho, and Benny Tai, and all the others, so I just want to come and see what happens there.”
Representatives from the UK, US, Sweden, Germany, the Czech Republic, Austria, Italy, New Zealand, Australia, Canada, European Union, and France were also among those queueing up.
Laurence Vandewalle from the European Union Office to Hong Kong and Macau, said the EU had been observing trials across the world “as a sign of commitment to democracy, human rights and the rule of law”.
The accused were arrested more than two years ago, over the holding of unofficial pre-election primaries in July 2020. They were accused of conspiring to paralyse the government over a plan to win a majority of seats and use the mandate to block legislation and perhaps force the resignation of the chief executive.
The primaries aimed to select the strongest candidates among the pro-democracy movement to run against the pro-Beijing establishment parties. Unofficial primary polls had been a common feature of elections in the past, across the political spectrum, but days later Beijing declared the democracy camp’s event to be illegal. In dawn raids on 6 January 2021, 47 organisers, candidates and campaigners were arrested.
Most have been in jail for almost two years, having been denied bail. Legal observers have criticised the national security law for reversing the presumption of bail for defendants.
More than 600,000 people voted at the primaries, in what was viewed as a sign of protest against the government crackdown.
The case continues on Tuesday.
