Little more than six months since Hong Kong passed new security legislation, known locally as Article 23, the courts heard the first legal challenge brought against it by an inmate who was denied early release from prison under its provisions.
Also in October, the 52nd month since Beijing’s national security law took effect in Hong Kong, the sentencing date for 45 pro-democracy figures convicted of conspiring to commit subversion was finally set, and the government outlined its aims for district-level “tutors” to help promote national security.
Court hears first challenge to new security law
The High Court on October 22 heard the first legal challenge against the newly enacted Safeguarding National Security Ordinance, better known as Article 23. It was launched by Ma Chun-man, who is currently serving a five-year sentence for inciting secession under the Beijing-imposed law.
Ma expected to be released from prison for good conduct on March 25, but remains incarcerated after Article 23, which came into force on March 23, changed the threshold for early release for inmates convicted of national security offences.
On the second day of proceedings, the court heard that the powerful Committee for Safeguarding National Security, which was established under Beijing’s security law, had obtained a report on Ma from the commissioner of correctional services, and had responded to the report with a letter.
The letter was not read out in court, but Senior Counsel Mike Lui, representing the government, said it would in effect bind the commissioner to making the same decision again regarding Ma’s early release, even if the court ruled in favour of Ma.
Lui told national security judge Alex Lee that the commissioner would be required by Article 23 to “respect and implement” the decisions of the national security committee.
Witnesses for activist barred from testifying
Rights activist Chow Hang-tung on October 28 sought to challenge a rule introduced by Article 23 that prevents overseas witnesses from giving evidence via video link in national security trials, arguing that the provision appeared to target her.
Chow, who was the vice-chair of the group that used to organise the city’s annual Tiananmen crackdown vigils, stands accused of inciting subversion of state power under the Beijing-imposed national security law.
A barrister by training, Chow told a three-judge panel at the High Court that denying defendants in national security cases the right to summon overseas witnesses to testify virtually amounted to a difference in treatment compared to defendants being tried in non-national security cases.
The judges ruled against Chow.
Stand News ex-editor seeks to appeal conviction
Former acting chief editor of independent Hong Kong media outlet Stand News, Patrick Lam, launched an appeal bid on October 22 to overturn his conviction for publishing “seditious” materials.
Lam, 36, was last month sentenced alongside former chief editor Chung Pui-kuen, 55, at Wan Chai’s District Court after the pair were found guilty in August. The outlet’s parent company was also found guilty of the colonial-era sedition charge of “conspiracy to publish and reproduce seditious publications.”
Initially handed a 14-month jail term, Lam walked free after District Court Judge Kwok Wai-kin said he would not have to serve any more time in jail after taking into account the 10 months Lam had spent in pre-trial detention and his poor health.
Chung is currently serving a 21-month prison sentence.
Ex-lawmaker accused of ‘glorifying’ Stands News
Secretary for Security Chris Tang accused barrister and former lawmaker Margaret Ng of “glorifying” jailed Stand News editor Chung Pui-kuen in an opinion piece published by Ming Pao.
In her op-ed, Ng, who was also a director of Stand News before it ceased operations in December 2021, said Chung had been advised to plead guilty in exchange for a one-third sentence reduction.
“But [Chung] refused, because he wanted to speak clearly about the notions of journalism,” she wrote. “And so he endured a prolonged trial, leaving a detailed public record of the extent of press freedom allowed under current law.”
In response, Tang slammed Ng’s piece as “misleading,” saying it exalted Chung and disregarded the court’s judgement.
“Between the lines, [Ng] made Chung – who was convicted after an open and fair trial – a hero. She ignored the clear ruling of the court and glorified Chung’s criminal behaviours as so-called ‘journalistic work’,” Tang wrote.
Sentencing in 47 democrats case set
Sentencing for 45 pro-democracy figures convicted of conspiring to commit subversion in the city’s largest national security case has been set for November 19, more than three and a half years since they were officially charged. Most have been held without bail.
Media website apparently blocked in city
Hong Kong police sent US web-hosting company Automattic a notice telling it to take down the website of Flow HK, a media outlet co-founded by pro-democracy activists who have left the city, on national security grounds. The company said it had not complied with the order and had notified the site owner.
In an emailed reply to HKFP, Sunny Cheung – one of the co-founders of Flow HK – said Hong Kong police had said the outlet was suspected of violating national security legislation.
Cheung said police suspected Flow HK of committing offences including secession, subversion, and collusion under the Beijing-imposed security law, as well as sedition under Article 23.
Police told HKFP they “will take appropriate actions where necessary according to actual circumstances and in accordance with the law.”
Ex-judge says Judiciary ‘partial’ to government
The Hong Kong government defended the independence of the city’s Judiciary after former non-permanent judge on the Court of Final Appeal Jonathan Sumption accused it of being “too partial” to the authorities.
Explaining in a podcast why he left his position on the apex court, Sumption said: “I left because it seemed to me that recent cases in Hong Kong suggested that the Judiciary was too partial to the government in criminal cases.”
He said the guilty verdict for 14 out of the 16 pro-democracy figures who pleaded not guilty in the 47 democrats case showed the Judiciary was “prepared to kowtow to Beijing.”
“The SAR’s courts absolutely are not influenced by any political pressure from the central or the SAR government when trying national security cases or cases of any nature,” a government spokesperson said in response. “Hong Kong’s rule of law has also not deteriorated in any way.”
Government slams Sydney demo against judge
Hong Kong’s government described a small, peaceful demonstration in Australia against a top court judge as “despicable,” alleging that it was a case of “blatantly interfering with ongoing criminal proceedings.”
Demonstrators had picketed a speech by Australian judge Patrick Keane on October 22 over his role on Hong Kong’s Court of Final Appeal. Keane was giving an address at Sydney’s Banco Court titled Christian Inspiration and Constitutional Insights. The protesters held pictures of jailed Hong Kong pro-democracy media tycoon Jimmy Lai, along with a flashing sign saying “prisoner of conscience.”
In a statement days later, a government spokesperson said Hong Kong’s rule of law and independent judicial power were guaranteed: “[A]ny attempt by any organisation or individual to exert pressure on judges and judicial officers, and interfere with the criminal justice process by means of political power or any other means, is clearly a reprehensible act undermining the rule of law of the HKSAR and should be vehemently condemned.”
Each district to have national security ‘tutors’
As part of the city’s efforts to enhance national security education, the government will prepare teaching materials and provide training for members of local community care teams to become “district-based tutors” to promote national security education in the community.
Discussing the initiative on October 25, Secretary for Home and Youth Affairs Alice Mak said there was no “strict indicator” for the number of tutors a care team should have. But each tutor should promote national security awareness to around 30 residents in their district per year, through organising various activities, visits or talks, or by handing out publicity materials, the official said.
Arrest and prosecution figures
As of October 1, a total of 304 people had been arrested for “cases involving suspected acts or activities that endanger national security” since Beijing’s national security law came into effect, according to the Security Bureau. The number includes those arrested under Article 23, known officially as the Safeguarding National Security Ordinance.
Of the 176 people and five companies who have so far been charged, 161 people and one company have been convicted or are awaiting sentencing.
Among them, 91 people and four companies have been charged under the national security law, with 76 convicted. Three people have been charged under Article 23, all of whom have been convicted.
“As revealing specific arrest figures and information related to these activities could have an impact on operational deployment, no breakdown of the arrest statistics would be disclosed to the public,” the Security Bureau added.
HKFP has reached out to the bureau for updated figures.
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