Hong Kong’s biggest ever state security trial has entered its final stages, with pro-democracy activists linked to massive street protests in 2019 being charged under a controversial national security law (NSL) imposed by China.
The trial of the 16 activists, accused of conspiracy to subvert state power, began with closing arguments on Wednesday. If convicted, they face life imprisonment.
The defendants are among 47 opposition activists, including elected lawmakers, trade unionists and academics, rounded up by police in 2021 and accused of plotting to create a constitutional crisis and overthrow the government.
The case has become a bellwether of Hong Kong’s political environment and is widely seen as part of Beijing’s crackdown on the city’s once vibrant pro-democracy movement.
The law, which criminalises secession, subversion and collusion with foreign forces to interfere in the city’s affairs, as well as terrorism, has been criticised for undermining the autonomy promised when the island was returned to China in 1997. It has contributed to the imprisonment or exile of many pro-democracy politicians and activists.
What are the charges?
During a 100-day trial, prosecutors outlined what they said was a plot by the activists to undermine the government. They claim the activists wanted to organise an unofficial primary election that would consolidate their power in the legislature.
They would then seek to “indiscriminately veto” government budgets to pressure for their demands, prosecutors said, with the ultimate aim of subverting state power or forcing Hong Kong’s leader to resign.
One of the activists’ key demands was an independent investigation into alleged police brutality against thousands of Hong Kong protesters who took to the streets in 2019, in a crackdown that monitors have condemned as “brutal” and “unlawful”.
Prosecutor Jonathan Man argued that the defendants’ actions clearly amounted to subversion, even though there was no actual violence.
“We’re talking about a conspiracy to get legislators to veto the budget indiscriminately,” Man said during closing arguments.
Right to fair trial
Human rights activists and experts have raised concerns about the arrest and trial of the activists.
In October, a group of United Nations human rights experts said they were troubled by “the use of mass trials in NSL cases” and warned that they could “negatively affect safeguards that ensure due process and the right to a fair trial”.
Outside the court before the closing arguments, well-known activist Alexandra Wong was among those speaking out in support of the accused activists.
“I hope they can be released immediately,” Wong said. “The 47 only wanted to fight for genuine universal suffrage for us, [there were] no other motives other than to take power.”
Most of the accused pro-democracy activists have been detained on national security grounds for more than 1,000 days since 28 February 2021, and have been subjected to marathon bail hearings.
Thirty-one of the 47 defendants have pleaded guilty, which could qualify them for reduced sentences. Only 16 have not pleaded guilty, including former journalist Gwyneth Ho, activists Owen Chow and Gordon Ng, and former Democratic lawmakers Leung Kwok-hung, Lam Cheuk-ting and Helena Wong.
Those who pleaded guilty include former law professor Benny Tai and activist Joshua Wong, who will be sentenced after the trial. Four of those who pleaded guilty have become prosecution witnesses.
The final round of legal arguments – also known as closing arguments – is expected to last 10 days before the court adjourns to consider the verdict.