The West Kowloon Law Courts Building in Hong Kong Photo: VCG
The anti-China group "Hong Kong Alliance in Support of Patriotic Democratic Movements of China," along with its former chairman and vice-chairpersons Lee Cheuk-yan, Albert Ho Chun-yan and Chow Hang-tung, were charged with conspiracy to incite subversion of state power. Judges handling the case under the National Security Law for Hong Kong sentenced the group to a fine of HK$1.5 million, Lee to seven years in prison, Ho to five years and two months in prison, and Chow to seven years and three months in prison on Friday, according to local media reports.
Almost all of the serious cases involving the NSL for Hong Kong have now been concluded, with those convicted receiving substantial sentences, some legal experts in the HKSAR said.
This demonstrates the power of the NSL in safeguarding national security, serves as a warning and deterrent to forces seeking to undermine China and destabilize HKSAR, and helps promote national security education, they noted.
These defendants were jointly charged with, between July 1, 2020 and September 8, 2021, inciting others in Hong Kong to organize, plan, implement or participate in acts aimed at subverting state power through unlawful means - namely, ending the leadership of the Communist Party of China, in violation of the Constitution of the People's Republic of China, particularly Article 1 and the Preamble, according to local media Sing Tao Headlines.
The alleged acts were aimed at overthrowing or undermining the fundamental system of the People's Republic of China established by its Constitution, or overthrowing the central organs of state power of the People's Republic of China, the media report said. And Ho pleaded guilty before the trial began on Friday.
Li Kwai-wah, senior superintendent of the National Security Department of the Hong Kong Police Force, told at a media briefing following the trial on Friday that the offenses committed by the three defendants were extremely serious. Chow, who was sentenced to seven years and three months in prison, showed no remorse, so it was only to be expected that she would receive the longest sentence, RTHK reported.
This case had been subject to malicious attacks by external forces, including calls for the convictions to be overturned, the defendants to be released, and sanctions to be imposed on the judges, Li said, who also stressed that the trial, like other trials in Hong Kong, was conducted fairly, openly, impartially and transparently, and that the defendants had been given sufficient time, space and due process to present their defense.
Article 23 of the NSL for Hong Kong clearly stipulates that those who commit the offense of inciting subversion of state power in serious circumstances may face a maximum sentence of 10 years in prison. The sentences handed down in this case all fall within the statutory penalty range, reflecting the rule-of-law principle that the punishment should be commensurate with the offense, Willy Fu, a law professor who is also the director of the Chinese Association of Hong Kong & Macao Studies, told the Global Times on Friday.
"Freedom of speech is not absolute. Any speech that incites others to engage in acts endangering national security goes beyond the bounds of the law and must be punished in accordance with the law," Fu said.
"Hong Kong Alliance" was the main platform for destabilizing Hong Kong, which had poisoned generations of Hong Kong people and sowed the seeds of harm to Hong Kong, Chu Kar-kin, a veteran commentator based in the HKSAR and member of the Chinese Association of Hong Kong and Macao Studies, told the Global Times on Friday.
With this organization that committed numerous wrongdoings now disbanded, the Hong Kong police must also thoroughly investigate the whereabouts of its assets and funds over the years, as well as whether its members were involved in other acts of undermining China and destabilizing Hong Kong, and prosecute and severely punish them in accordance with the law, Chu said.
This case demonstrates that anyone who incites subversion of state power or endangers national security will ultimately be punished in accordance with the law, with no leniency shown, the HKSAR Chief Executive John Lee said on Friday.
The law has never allowed anyone to use human rights, democracy or freedom as a pretext to distort the truth and openly harm their own country and fellow citizens, Lee said.
Some central government's authorities in the HKSAR voiced the support for the sentencing on Friday. The facts of the defendants' crimes were clear and supported by solid evidence. They deserved to be punished, and the sentences imposed were commensurate with their crimes, a spokesperson from the central government's liaison office in the HKSAR said.
The sentences imposed reflect the responsibilities that each defendant should bear under the law. The facts once again show that no matter what banner criminals may hide behind, anyone who engages in acts or activities that endanger national security will not escape severe punishment under the law, said a spokesperson from the office for safeguarding national security of the central government in the HKSAR.
In response to a question about some US and Western politicians who repeatedly expressed so-called concerns over the case involving this anti-China group and about the sentencing in the case on Friday, Chinese Foreign Ministry spokesperson Mao Ning said on Friday that relevant parties need to earnestly respect China's sovereignty and the rule of law in Hong Kong, stop making irresponsible remarks on the SAR's handling of judicial cases, and stop interfering in Hong Kong's judicial affairs, which are China's internal affairs, in any form.