14 activists convicted, two acquitted in major case

Lawrence Lau, a former pro-democracy district councilor, arrives at the West Kowloon Magistrates’ Courts yesterday

Fourteen activists were convicted in a major national security case on Thursday by a court that said their plan to effect change through an unofficial primary election would have undermined the government’s authority and created a constitutional crisis.

Following a 2019 protest movement, authorities have strengthened governance in Hong Kong through modifications in electoral processes, media regulation, and the implementation of the security law under which the activists were convicted.

Those found guilty of conspiracy to commit subversion included community leaders Leung Kwok-hung, Lam Cheuk-ting, Helena Wong, and Raymond Chan, who could face up to life in prison when sentenced later. The two defendants acquitted were community representatives Lee Yue-shun and Lawrence Lau. However, the prosecution intends to appeal the acquittals.

The activists were among 47 individuals prosecuted in 2021 for their involvement in the primary. Prosecutors accused them of attempting to paralyze Hong Kong’s government and influence the city’s administration by securing the legislative majority necessary to indiscriminately veto budgets.

In a summary of the verdict distributed to media, the court said the election participants had declared they would use their legislative power to veto the budgets.

Under the city’s Basic Law, the chief executive can dissolve the legislature if a budget cannot be passed, but the leader would have to step down if the budget is again vetoed in the next legislature.

In the full, 319-page verdict, the judges stated that if the plan to veto bills would lead to the dissolution of the legislature, it meant “the implementation of any new government policies would be seriously hampered and essentially put to a halt.”

“The power and authority of both the Government and the Chief Executive would be greatly undermined,” the court noted. “In our view … that would create a constitutional crisis for the region.”

As the hearing concluded, some of the convicted defendants waved at their families as they left the courtroom.

The court acquitted Lau after finding no evidence he had intended to subvert state power. Lee was also found not guilty after the court determined he had not engaged in activities that would force the government to address the 2019 protest demands.

While Lee had adopted a similar political platform as other party members in the now-defunct Civic Party, the court took into account that he was a latecomer to the party’s campaign for the primary and that he would have had little choice but to adopt the platform used by others. Thus, the court said it could not be sure he had intended to subvert state power.

The two will be kept on bail pending appeal, with a mitigation hearing tentatively scheduled for June 25.

Observers noted that the subversion case demonstrated how the security law is being used to safeguard political stability following significant protests in 2019. Both the Beijing and Hong Kong governments have affirmed that the law has restored stability to the city while maintaining judicial independence. After the verdicts, Beijing expressed its support for the city’s judicial and law enforcement officials.

The 47 activists charged included legal scholar Benny Tai, former student leader Joshua Wong, and several other community leaders.

Thirty-one of them, including Tai and Wong, pleaded guilty. They have a better chance at shorter jail terms and will be sentenced at a later date.

Before the court hearing began on Thursday, four members of the League of Social Democrats, including Leung’s wife Chan Po-ying, were arrested outside the court building. They were initially planning to stage a small demonstration to voice support for the activists. Without identifying them, police said they were arrested on suspicion of disorderly conduct in a public place.

Diplomats from various countries and dozens of residents had gathered outside the court to hear the verdicts. The unofficial primary in June 2020 was meant to shortlist candidates who would then run in the official election. It drew an unexpectedly high turnout of 610,000 voters, over 13% of the city’s registered electorate.

The pro-democracy camp at that time hoped they could secure a legislative majority, which would allow them to press for the 2019 protest demands, including greater accountability and democratic elections for the city leader. However, the government postponed the legislative election that would have followed the primary, citing public health risks during the coronavirus pandemic. The electoral laws were later revised, effectively increasing the number of pro-government lawmakers in the legislature. MDT/AP