Two individuals who previously organized Hong Kong’s annual vigil to commemorate the 1989 Tiananmen Square crackdown were found guilty in a national security case on Friday under a law imposed by China, which has effectively suppressed the city’s once-active pro-democracy movement. Lee Cheuk-yan and Chow Hang-tung, former leaders of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China, were convicted in 2021 for inciting subversion under the national security law. They both denied the charges and could face a maximum prison sentence of 10 years. The alliance was also held accountable for the same offense.
The judges concluded that the alliance’s advocacy to “end one-party dictatorship” was not merely a call for the ruling Communist Party to revert to a multiparty system under the constitution but was interpreted as seeking to eliminate its leadership position under the constitution. They emphasized that the term “end” implied “overthrowing” and “undermining.” The judges stated that the defendants continued to promote this message even after the law was enacted, disregarding that it contradicted the constitution, which defines the party’s leadership as a fundamental feature of socialism with Chinese characteristics. This violation falls under the category of “other unlawful means” within the security law, according to the judges.
The verdict is part of a series of legal actions taken against Hong Kong’s pro-democracy movement, which has been significantly weakened by authorities in Hong Kong and China. The annual candlelight vigil organized by the alliance, which attracted tens of thousands of attendees each year to honor the victims in China, was banned in 2020 due to the COVID-19 pandemic and shortly before the implementation of the security law by Beijing to suppress the 2019 anti-government protests.
Lee and Chow, who smiled and waved at the public gallery as they left the courtroom, are awaiting their sentencing. They are anticipated to request leniency during the sentencing phase next week. Observers view this trial as a reflection of the diminishing freedom of expression in Hong Kong since its handover to Chinese rule in 1997.
Eric Lai, a senior fellow at the Georgetown Center for Asian Law, highlighted that the charge of inciting subversion is commonly used in mainland China against human rights defenders, activists, and intellectuals, such as the late Nobel laureate Liu Xiaobo. He remarked on the alignment of the Hong Kong judiciary with mainland China’s party-led judicial system evident in this criminal verdict.
During the trial, prosecutors maintained that the case was not politically motivated but focused on the alliance’s alleged attempt to incite the overthrow of China’s ruling party. Lee argued in court that their message was not about ending the party’s leadership but about progressing towards democracy and allowing the public to choose their leaders, emphasizing that the Communist Party should not enforce “dictatorship.” Chow, representing herself, explained that “ending one-party rule” signified the termination of unrestricted power and criticized the reversal of the standard for determining right and wrong in this case.
The trial, initially scheduled for 75 days, concluded its closing arguments on the 24th day, with Albert Ho, another defendant in the case, pleading guilty, which could lead to a reduced sentence. Lee and Chow are expected to seek reduced penalties at a separate hearing and might be sentenced alongside Ho.
Following the conviction, Lee’s wife, Elizabeth Tang, expressed disappointment and anger, believing in Lee’s innocence. She criticized the judges for allegedly disregarding their legal team’s arguments and evidence, indicating that they would consider appealing the verdict.
Supporters of the defendants gathered outside the court ahead of the hearing, with one former alliance member, Tang Ngok-kwan, sharing his concern about being prevented from entering the court due to possessing “sensitive” materials related to the Tiananmen crackdown anniversary. The potential guilty verdict for the alliance is seen as challenging existing perceptions of the city’s legal framework by some supporters.
The 1989 Tiananmen Square crackdown, where hundreds, possibly thousands, of individuals lost their lives as military forces intervened in Beijing, was a significant turning point in modern Chinese history, signaling that economic reforms would not be coupled with political liberalization. The former vigil site in Hong Kong, occupied by a carnival organized by pro-Beijing groups after the COVID-19 restrictions were lifted, symbolizes the profound changes in the city’s political landscape due to the implementation of the security law in 2020.
Numerous prominent activists, including media mogul Jimmy Lai, have been incarcerated under the security law, resulting in the dissolution of multiple civil society organizations, including the alliance.