Hong Kong begins trial of prominent pro-democracy figures: ‘There’s no crime to answer’

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Hong Kong’s authorities commenced the trial of 18 pro-democracy activists on Monday amid heavy security arrangements.

This marks the biggest prosecution being carried out by Hong Kong courts under the contentious national security law that was imposed by China’s ruling Communist Party to stop dissent.

The 18 defendants – who count among Hong Kong’s top pro-democracy activists – could face life in prison if convicted.

The defendants are among 47 who were arrested in a dawn raid in January 2021 under a national security law that tightened Beijing’s control over the city had sparked major protests.

They were charged with conspiracy to commit subversion for participating in an unofficial primary election organised by democracy supporters in 2020.

More than 200 people gathered in the court’s public gallery as police officials and a bomb disposal van remained on standby on the premises.

“There’s no crime to answer. It is not a crime to act against a totalitarian regime,” one of the defendants and former lawmaker Leung Kwok-hung, known by the nickname “Long Hair”, told the court.

However, judge Andrew Chan said the hearing was a “solemn occasion” and asked the defendants and members of the public to be respectful.

The case is being heard by three High Court judges designated under the national security law: Andrew Chan, Alex Lee and Johnny Chan.

Expected to last 90 days, the trial is expected to have three defendants testify against others, prosecutors said.

Sixteen of the total arrested activists have pleaded not guilty. Among them are former journalist Gwyneth Ho, activist Owen Chow and labour unionist Winnie Yu.

All who pleaded guilty, including former law professor Benny Tai and prominent activist Joshua Wong, will be sentenced after the trial.

Authorities had granted bail to 13 of the 47 arrested in 2021 while the other 34 have been in pre-trial custody.

The arrests sparked international criticism against Hong Kong’s authorities and China’s ruling Communist Party for the delayed trial as government prosecutors repeatedly asked for more time to prepare legal documents and gather evidence.

Among a number of departures from established common law procedures, secretary for justice Paul Lam declined to let the defendants face a jury trial.

The former British colony returned to China’s control in 1997 and observes a “one country, two systems” method wherein it has secured its freedoms and an independent legal system for 50 years.

However, there has been significant interference from the Xi Jinping administration in recent years, especially after the massive 2019 pro-democracy protests.

Many Hong Kong residents allege erosion of freedoms by an aggressively assertive Beijing that had imposed the controversial security law in Hong Kong in 2020, months after the demonstrations.

Western governments have criticised the law – which punishes subversion, collusion with foreign forces and terrorism with up to life in prison – as a tool to crush dissent.

Chinese and Hong Kong authorities have claimed that the law has brought stability to the Asian financial hub.

Since the law was imposed, more than 230 people have been arrested, including newspaper editors, following police raids on media outlets, while labour unions and civil society groups have disbanded.