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=== Day 6 ===
=== Day 6 ===
Judge Victor So in the West Kowloon Court ruled that the defendants would return to court on 23&nbsp;September, following a request by prosecution, which had asked for more time to prepare the case;<ref name="reuters_20210708">{{cite web|url=https://www.reuters.com/world/china/court-case-47-hong-kong-democracy-activists-resume-sept-23-2021-07-08/|title=Court case of 47 Hong Kong democracy activists to resume on Sept 23|first=Jessie|last=Pang|work=[[Reuters]]|date=8 July 2021|access-date=12 July 2021}}</ref> it sought to transfer it to a higher court with powers to order longer jail sentences.<ref>{{cite web|url=https://www.theguardian.com/world/2021/jul/08/hong-kong-trial-47-pro-democracy-activists-delayed-11-week-national-security-law|title=Hong Kong trial of 47 pro-democracy activists delayed for 11 weeks|first=Helen|last=Davidson|work=[[The Guardian]]|date=8 July 2021|access-date=13 July 2021}}</ref>
The hearings of the case was resumed on 8 July 2021. Judge Victor So in the West Kowloon Court ruled that the defendants would return to court on 23&nbsp;September, following a request by prosecution, which had asked for more time to prepare the case;<ref name="reuters_20210708">{{cite web|url=https://www.reuters.com/world/china/court-case-47-hong-kong-democracy-activists-resume-sept-23-2021-07-08/|title=Court case of 47 Hong Kong democracy activists to resume on Sept 23|first=Jessie|last=Pang|work=[[Reuters]]|date=8 July 2021|access-date=12 July 2021}}</ref> it sought to transfer it to a higher court with powers to order longer jail sentences.<ref>{{cite web|url=https://www.theguardian.com/world/2021/jul/08/hong-kong-trial-47-pro-democracy-activists-delayed-11-week-national-security-law|title=Hong Kong trial of 47 pro-democracy activists delayed for 11 weeks|first=Helen|last=Davidson|work=[[The Guardian]]|date=8 July 2021|access-date=13 July 2021}}</ref>


=== Day 7 ===
=== Day 7 ===

Revision as of 10:31, 16 July 2021

On 6 January 2021, 53 Hong Kong pro-democracy activists, former legislators, social workers and academics were arrested by the National Security Department of the Hong Kong Police Force under the national security law over their organisation and participation in the primaries for the subsequently postponed Legislative Council election, including six organisers and 47 participants, making it the largest crackdown under the national security law since its passage on 30 June 2020. The police also raided 72 places including the home of jailed activist Joshua Wong, the offices of news outlets Apple Daily, Stand News and InMedia HK and polling institute Hong Kong Public Opinion Research Institute (PORI), and froze more than $200,000 in funds related to the primaries.[1] These were the most prominent politicians in the opposition camp that had been arrested by the authorities.[2] Subsequently, bail was only granted to less than half of the defendants, which observers related to the particularly stringent bail requirements mandated by the national security law. By 8 July 2021, when the case was adjourned to September, several of the defendants had announced their retirement from politics.[3]

Background

Long queue outside polling station at Tai Po Plaza on 12 July 2020.

On 11 and 12 July 2020, the pro-democracy camp, organised by legal scholar and activist Benny Tai, held a primary to select numbers of candidates for the September Legislative Council election to maximise the chance for the pro-democrats to achieve the "35+" majority in the Legislative Council to block the government's bills and pressured the government to implement the five key demands of the ongoing protests.[4] Tai envisaged that the democrats would veto all bills in the legislature to paralyse the government, and would force the Chief Executive to dissolve the Legislative Council after the government budget was vetoed, as on the fourth and fifth stages of the "ten-step lam chau" timeline.[5]

Secretary for Constitutional and Mainland Affairs Erick Tsang warned that the primaries might violate the new Beijing-imposed national security law before the primaries. Tsang said one the objectives of the primaries was to win a majority of seats in the legislature and subsequently vote against the budget. He added this could contravene clauses in the new law prohibiting secession, subversion and collusion with foreign powers. Benny Tai refuted the claim by saying such advocacy work was in accordance with the principles of the Basic Law. He added that vetoing the budget would not constitute "seriously interfering in, disrupting, or undermining the performance of duties and functions" of the government under Article 22 of the new law because the chief executive has the power to dismiss the legislature and call a by-election.[6]

Despite the national security law and legal threats, over 600,000 voters, including 590,000 electronic ballots and more than 20,000 paper ballots, turned out throughout the two-day vote, more than 13 per cent of the total number of registered voters and far exceeding the organisers' expected turnout of 170,000.[7] Chief Executive Carrie Lam issued a strong warning to the candidates and organisers of the primaries, saying it was subversive for them to vow to seize control of the legislature and vote down key government proposals. "If this so-called primary election's purpose is to achieve the ultimate goal of delivering what they called '35+' [lawmakers], with the objective of objecting or resisting every policy initiative of the HKSAR government, it may fall into the category of subverting the state power – one of the four types of offences under the national security law," she said.[8]

A spokesman for Beijing's Liaison Office in Hong Kong condemned the opposition camp for ignoring the Hong Kong government's warning of possible legal breaches and pressing ahead with the primary. It named Benny Tai as a suspect in a possible breach of the national security law by coordinating with the opposition camp to seek control of the legislature, vote down the budget, paralyse the government and subvert the state power. It also accused Tai and the opposition of aiming to take over the city's governance by staging the Hong Kong version of a "colour revolution".[8] The Hong Kong and Macau Affairs Office (HKMAO) accused Tai of "illegally manipulating" Hong Kong's electoral system, challenging the new national security law and acting as a political agent for foreign forces.[9]

Arrests

In the morning on 6 January 2021, the National Security Department of the Hong Kong Police Force raided 72 places, including the home of jailed activist Joshua Wong, as well as co-organisers Hong Kong Public Opinion Research Institute (PORI) and law firm Ho Tse Wai and Partners. It further demanded three news outlets Apple Daily, Stand News and InMedia HK to hand over information, and froze $206,000 in funds related to the election. In the operations, the police arrested 53 men and women including activists, former legislators, social workers and academics who organised or contested in the primaries across the pro-democracy spectrum on suspicion of "subversion of state power" under the national security law.[10][11] They included organiser Benny Tai and jailed activist and primary candidate Joshua Wong, seven former legislators of the Democratic Party, the Hong Kong's largest opposition party including the party chairman Wu Chi-wai, veteran politicians and activists Leung Kwok-hung and Claudia Mo, and newcomers including Jeffrey Andrews, a social worker serving the city’s ethnic minority community, and disability rights advocate Lee Chi-yung.[12][13] American lawyer John Clancey, partner of Ho Tse Wai and Partners and treasurer of the Power for Democracy which co-ordinated the primaries, was also arrested.[14] PORI executive director Robert Chung and his deputy Chung Kim-wah were also visited by police asked to assist with the investigation.[15]

According to Secretary for Security John Lee, the arrestees were accused of "subverting state power" for holding the primaries and were suspected of attempting to gain a majority in the Legislative Council with the goal of paralysing the government. Lee also cited Benny Tai's "10-step to lam chau" scenario as an evidence for the "vicious plan" to "sink Hong Kong into an abyss."[16]

53 arrestees, excluding Joshua Wong and Tam Tak-chi who were already in prison, are listed as the following.[17] All were released on bail on 7 January, except Wu Chi-wai, who was alleged to have violated bail conditions related to a separate case of unauthorized assembly.[18]

Organisers

Benny Tai
Au Nok-hin

Candidates

Hong Kong Island

Kowloon West

Jimmy Sham

Kowloon East

Joshua Wong

New Territories West

New Territories East

Leung Kwok-hung

District Council (Second)

Lester Shum
  • Kwong Chun-yu, member of the Yuen Long District Council and former member of the Legislative Council (2016–2020)
  • Lester Shum, member of the Tsuen Wan District Council
  • Wong Pak-yu, member of the Yuen Long District Council
  • James To, member of the Yau Tsim Mong District Council and former member of the Legislative Council (1998–2020)
  • Lee Yue-shun, member of the Eastern District Council

Health Services

  • Winnie Yu, chairperson of the Hospital Authority Employees Alliance
  • Michael Lau, officer of the Hong Kong Allied Health Professionals and Nurse Association
  • Joseph Lee, former member of the Legislative Council (2004–2020)
  • Yuen Wai-kit, principal of the School of Nursing of the Union Hospital

Responses

Civic Party chairman Alan Leong criticised the mass arrests as he could not see why those who promised to exercise their power to veto budgets – as outlined in the Basic Law – would be considered subversive. "We know that many in Hong Kong are very disappointed. But we appeal to the people of Hong Kong not to despair," Leong said. "We should insist on speaking the truth and living in truth. There will be light in the end of the dark tunnel, and every dark night will see the dawn. So, let us stand and fight."[16]

Maya Wang of the Human Rights Watch issued a statement condemning the arrests: "The Chinese government has decided to mark 2021 with sweeping arrests of over 50 prominent pro-democracy activists in Hong Kong, removing the remaining veneer of democracy in the city. Beijing once again has failed to learn from its mistakes in Hong Kong: that repression generates resistance, and that millions of Hong Kong people will persist in their struggle for their right to vote and run for office in a democratically elected government."[19]

A joint statement issued by the foreign ministers of Australia, the US, Britain and Canada expressed "serious concern" over the arrests and criticised the national security law as: "a clear breach of the Sino-British Joint Declaration and undermines the 'One Country, Two Systems' framework." They said the law "has curtailed the rights and freedoms of the people of Hong Kong" and "being used to eliminate dissent and opposing political views" and called on Hong Kong and Chinese authorities to "respect the legally guaranteed rights and freedoms of the people of Hong Kong." The Hong Kong government responded by saying that "[we] are appalled by remarks made by some overseas government officials that seemed to suggest that people with certain political beliefs should be immune to legal sanctions."[20]

U.S. Secretary of State Mike Pompeo slammed the arrests as an "outrage" and said that the U.S. would "consider sanctions and other restrictions on any and all individuals and entities involved in executing this assault on the Hong Kong people."[21] Antony Blinken, US President-elect Joe Biden's pick for Secretary of State, said the arrests was "an assault on those bravely advocating for universal rights" launched by the Chinese authorities. "The Biden-Harris administration will stand with the people of Hong Kong and against Beijing's crackdown on democracy," he said.[12]

The U.S. imposed sanctions on six officials on 15 January including Hong Kong delegate to the National People’s Congress Standing Committee Tam Yiu-chung, vice-chairman of the Central Leading Group on Hong Kong and Macau Affairs You Quan, deputy director of the Office for Safeguarding National Security Sun Wenqing and three officials in the National Security Division of the Hong Kong Police Frederic Choi Chin-pang, Kelvin Kong Hok-lai and Andrew Kan Kai-yan, over the mass arrests.[22]

British Foreign Secretary Dominic Raab called the arrests "a grievous attack on Hong Kong's rights and freedoms as protected under the Joint Declaration" and reiterated the UK’s offer to the British National (Overseas) passport holders to emigrate Britain.[23] "The UK will not turn our backs on the people of Hong Kong and will continue to offer BNOs the right to live and work in the UK," Raab said.[12]

The last British Governor of Hong Kong Chris Patten urged the European Union not to go ahead with the draft investment deal with China. "If this deal goes ahead it will make a mockery of Europe's ambitions to be taken seriously as a global political and economic player. It spits in the face of human rights and shows a delusional view of the Chinese Communist Party's trustworthiness on the international stage."[23]

The European Union called for the immediate release of the arrestees. "We are currently analysing the situation to see how we might need to react. There are other possibilities open to us, sanctions for example," the European Commission spokesperson Peter Stano said.[23] The German Foreign Ministry called the arrests "another milestone in a worrying development in recent months." The arrests confirmed fears that the security law "is leading to an erosion of civil liberties and the rule of law."[12]

The European Parliament on 21 January adopted a resolution by 597 votes in favor, 17 against and 61 abstentions on the deteriorating human rights situation in Hong Kong and urged EU countries to consider introducing sanctions against Hong Kong and Chinese officials including Carrie Lam, under the EU Human Rights Global Sanction Regime. The Parliament also regretted the EU's decision to enter the EU-China Comprehensive Agreement on Investment by risking its credibility as a global human rights actor.[24]

Taiwan President Tsai Ing-wen condemned the arrests and called on the world's democracies to speak out against China's political repression in the territory. She vowed that Taiwan will "continue to resolutely support a free Hong Kong and stand up for our shared democratic values." Taiwan's Foreign Minister Joseph Wu described the arrests in Hong Kong as a "deep shock to those who treasure freedom" and called on the world to "unite against authoritarianism."[25]

The government of Japan stated that it could not tolerate the mass arrests in Hong Kong, and would convey this position to China and join hands with foreign countries to deal with the Hong Kong issue. It continued to point out that after the implementation of the National Security Law, it had deep doubts about whether Hong Kong respects basic values such as freedom of speech and freedom of the press.[26] Ruling party LDP lawmaker Keisuke Suzuki said that the current situation in Hong Kong was serious and it was at a critical juncture. He emphasized that the international community must regard the actions of the Hong Kong government as a violation of international agreements. To describe the nature of the Chinese Communist Party is to deny universal values such as freedom, democracy and human rights.[27]

Bail hearings

On 28 February 2021, of the 55 pro-democracy figures initially arrested in January, 47 were officially charged with conspiracy to commit subversion under the national security law. They were denied bail and instead remain in detention before trial on 1 March, while Jeffrey Andrews, Lee Chi-yung, Kwong Chun-yu, James To, Michael Lau, Joseph Lee, Yuen Wai-kit and John Clancey were released on bail.[28][29][30] On the eve of the charges, pro-democracy group Power for Democracy which co-organised the primaries announced its disbandment on 27 February.[31]

Day 1

Supporters of the activists gathered outside the West Kowloon Magistrates' Court on 1 March.

The trial began on 1 March at the West Kowloon Magistrates' Court. About 1,000 supporters gathered at the court, most wearing black to express solidarity with the detainees, and some holding banners calling for the release of the "political prisoners" and chanting "Liberate Hong Kong, revolution of our times", "Fight for freedom, stand with Hong Kong" and "Five demands, not one less", slogans which were deemed illegal under the national security law, making it one of the largest rallies since the COVID-19 outbreak. Foreign diplomats joined the crowds queuing for one of the about 100 seats inside the courtroom. The police set up security lines around the court in the afternoon and forced demonstrators to disperse.[32]

Before the trial, director of the Hong Kong and Macau Affairs Office Xia Baolong singled out three pro-democracy activists charged with the national security law, Joshua Wong, Jimmy Lai and Benny Tai, saying they were "extremely wicked" and "must be severely punished for their illegal actions."[33] Hong Kong Free Press enquired with the Department of Justice about the department's position on the remarks of Xia, given its statements that comments from third parties on ongoing court proceedings were inappropriate. The department pointed to the words "in accordance with the law" which Xia had added; it refused to elaborate on the significance of this comment in this context, and on the question of whether anyone else would be able to legally use the formulation of Xia.[34]

The prosecution applied to postpone the hearing until 31 May as its investigations had not finished. Defence Senior Counsel Alan Leong questioned the police for "rushing" to press charges without finishing the investigations, some five weeks earlier than originally scheduled. Traditionally, Hong Kong's common law system put the onus on the prosecution to prove its case for objecting bail, but under the national security law the defendants instead needed to prove to the court that they would not be a national security threat if released on bail.[35] Due to the large number of defendants being trialed at the same time, the court had only managed to hear the bail applications of seven defendants by 10:30 p.m. The trial dragged on for close to 14 hours until almost 3 a.m., resulted in four defendants being hospitalised due to exhaustion. Leo Yau, one of the defence solicitors for nine of the defendants, was arrested by the police when he attempted to attempted to pass a police cordon to get into the courtroom.[36]

Day 2

The second day of the trial resumed late on the next morning, giving defendants little time to rest.[37] Defence lawyers voiced criticism of the court over defendants not being given the opportunity to shower or change clothes for four days since they were detained on 28 February.[38][39] One of the defendants, Lawrence Lau, 53, also a practicing barrister, apologised for not bathing for three days before addressing the court. He added: "When someone is stripped of their freedom, they are also stripped of their personal hygiene and appearance, which makes them lose confidence. I do not understand why I ended up in custody when I have been law-abiding my whole life." A defence counsel also told the court that his defendants had not been sent back to the Lai Chi Kok Reception Centre until nearly 7 a.m. on 2 March. "The defendants have to attend court hearings that started at 8 this morning [yesterday], which means they could only rest for at most two hours, causing them to be physically tormented," he said.[40] Amnesty International Hong Kong program manager Lam Cho Ming warned that an extended hearing "along with insufficient time to rest could potentially violate the right to a fair trial."[41] Chief magistrate Victor So called a halt to the second day of hearings at 10:36 p.m. on 2 March.[40]

Another defendant, Winnie Yu, 33, a nurse and chairwoman of the Hospital Authority Employees Alliance, was suspended from her duties by the Hong Kong Hospital Authority after she was prosecuted.[40]

Day 3

Defendants Lam Cheuk-ting and Raymond Chan at the Lai Chi Kok Reception Centre before being sent to the court.

Eight defendants had not addressed the court regarding their bail applications in the more than 24-hour marathon hearing. On the third day on 3 March, four Civic Party defendants Alvin Yeung, Kwok Ka-ki, Jeremy Tam and Lee Yue-shun announced their resignations from the party, with Yeung resigning from the party. Barrister Alan Leong, chairman of the party, terminated his legal representation of the four.[42] Lam Cheuk-ting, Clarisse Yeung and Gwyneth Ho also told the court they had terminated the services of their legal representatives. Alvin Yeung said before addressing the court: "As a barrister, I would never have imagined that I would have to address the court in the docks. On March 2 five years ago, I was sworn in as a legislative councillor, fighting for Hongkongers, but five years later, I am fighting for my own freedom."[43] Chief Magistrate Victor So adjourned the third day proceedings at 8:30 p.m.[41]

Day 4

All defendants finished their addresses to the court with proceedings deep into the fourth day on 4 March. Hundreds of people queued in the rain for entering the courthouse before the proceedings until nighttime, defying police warnings of violating the national security law.[35]

Some media outlets applied to the court for lifting reporting strict restrictions on the bail proceedings which could only report the name of the court and the magistrate of the case, the date and place of the proceedings, the name of the defendants and their legal representation, the offence they were charged of and the result of a proceedings.[44] The defence proposed a set of relaxed reporting rules, with Barrister David Ma saying that an open, fair and transparent trial was the "cornerstone of the rule of law", pointing out that freedom of speech and the press are respected under the national security law.[44] A representative of Senior Counsel Hectar Pun argued that "if the media cannot report on this open hearing, then it will undermine the principle of open justice."[44] Chief Magistrate Victor So refused the plea on the grounds that the general public or the press may not be able to determine whether a statement made in court fell under the scope of "legal argument," causing citizens to accidentally breach the restrictions, which would be "a bit dangerous for them".[44]

Chief Magistrate Victor So initially granted bail to 15 of the 47 defendants at around 8 p.m., but the decision was immediately appealed by the Department of Justice. The 32 remaining defendants were denied bail on grounds that they would be likely to continue to commit acts endangering national security, meaning they would have to be remain in detention until the trial begins on 31 May.[45] When the defendants left the court, the supporters who waited outside waved goodbye and thanked their lawyers. Some also chanted "Five demands, not one less", "Political prisoners are not guilty" and "Hongkonger won't die!"[46]

Four of the defendants Clarisse Yeung, Lawrence Lau, Hendrick Lui and Mike Lam were released on bail on the next day after prosecutors dropped the appeal.[47]

Day 5

The hearings on the case resumed on 31 May 2021. The court postponed further proceedings until 8 July. Until 28 June, defendants in the case will be presented with evidence and allowed to enter a plea, otherwise, their case will be moved to the High Court, where some analysts say, could consider harsher sentences than lower courts.[48][49]

Day 6

The hearings of the case was resumed on 8 July 2021. Judge Victor So in the West Kowloon Court ruled that the defendants would return to court on 23 September, following a request by prosecution, which had asked for more time to prepare the case;[3] it sought to transfer it to a higher court with powers to order longer jail sentences.[50]

Day 7

(will be held on 23 September)

Bail appeals

March

On 11 March, High Court judge Esther Toh rejected the appeal by the Department of Justice against Chief Magistrate Victor So's decision to grant bail to former Democratic Party legislator Helena Wong, but approved the appeal against Yuen Long District Councillor Ng Kin-wai's bail.[51] After release, Wong reunited with her husband and said: "I was really calm while I was in custody, as I know I did nothing wrong, but the bail hearing was really tiring in the first few days."[52] Of the 21 defendants presented to the courts on the next day on 12 March, judge Victor So, who was the magistrate who granted the appeals in the first place, rejected 11 appeal applications, while the ten remaining defendants withdrew their applications.[53] On 13 March, Tat Cheng, Michael Pang and Ricky Or were granted bail by High Court judge Esther Toh, while Jeremy Tam and Kwok Ka-ki were denied bail.[54] High Court judge Esther Toh approved bail for Kalvin Ho, Sze Tak-loy and Lee Yue-shun on 14 March, but denied the bail application of Sam Cheung.[55] On 29 March, High Court judge Esther Toh adjourned the bail applications of Jimmy Sham and Claudia Mo to a later date but denied bail to veteran politician and activist Leung Kwok-hung.[56] On 31 March, the bail application for Ben Chung was denied by High Court judge Esther Toh, partly on the grounds that his seeking of crowdfunding, alleged to be part of a money laundering scheme, had given him a pivotal role in the now-defunct organization Power for Democracy.[57]

April

On 12 April, High Court judge Esther Toh granted bail to Clarisse Yeung, Mike Lam King-nam, and upheld the release on bail of Tat Cheng and Helena Wong, but denied bail to Jimmy Sham.[58] On 14 April, High Court judge Esther Toh denied bail to former lawmaker Claudia Mo.[59] On 22 April 2021, High Court judge Esther Toh upheld her decision to deny bail to opposition former lawmaker Jeremy Tam after she said that Tam had signed a letter in September 2019 supporting the Hong Kong Human Rights and Democracy Act.[60]

May

On 7 May 2021, High Court judge Esther Toh granted an emergency bail application for Wu Chi-wai to attend his 92-year-old's father funeral after the correctional department's denial of his initial request sparked wide criticism.[61] On 13 May, High Court Esther Toh upheld her decision to deny bail to Social Democrats, Leung Kwok-hung and Jimmy Sham. Toh said of Leung that he was resolute in his position against the government and the national security law and that his risk of reoffending was high due to international support. As for Sham, Toh argued that he was a "determined and resolute young man" who had vowed to continue to push for the government to give in to the protesters five demands and that he was at risk of reoffending if granted bail.[62][63] A court judgment released on 28 May revealed that Claudia Mo had her bail denied due to her international influence, citing her past interviews along with her WhatsApp chats with journalists from Wall Street Journal, New York Times, and the BBC. The chats had been found on Mo's phone, which had been seized at her arrest. In her decision, the judge made reference to the higher threshold for bail in national security cases.[64] At the same time, former opposition lawmaker Andrew Wan had his bail denied, citing content on his computer that advocated for Hong Kong independence, and the formation of a group which called for international sanctions against Hong Kong officials who allegedly permitted "excessive police violence".[65] This, the court argued, demonstrated a "persistent and strong devotion" to the agenda of subversion and secession.[66]

June

On 1 June 2021, the bail application for Ben Chung, Gordon Ng, Henry Wong, Andrew Chiu, Nathan Lau, Gary Fan and Winnie Yu, were all denied. Raymond Chan and Carol Ng had withdrawn their bail applications earlier.[67][68] On 22 June, activist Owen Chow was granted bail by High Court judge Esther Toh.[69]

See also

References

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