Two individuals who previously organized Hong Kong’s annual vigil in memory of the 1989 Tiananmen Square crackdown have been found guilty in a national security case as per a law imposed by China. Lee Cheuk-yan and Chow Hang-tung, former leaders of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China, faced charges of inciting subversion under the national security law in 2021. Despite pleading not guilty, they could face up to 10 years in prison. The alliance, along with the two individuals, was also convicted.
The judges determined that the alliance’s advocacy to “end one-party dictatorship” did not intend to request the ruling Communist Party to revert to a multi-party cooperative system under the constitution. Rather, it aimed to terminate the party’s leadership status under the constitution. The judges interpreted “end” in the phrase as meaning “overthrowing” and “undermining.”
In their ruling, the judges highlighted that the defendants continued advocating for the cause even after the law’s enactment, disregarding that it contradicted the constitution, which specifies the party’s leadership as a fundamental aspect of socialism with Chinese characteristics. This was deemed as falling under “other unlawful means” according to the security law.
This verdict is the latest blow to Hong Kong’s once-vibrant pro-democracy movement, which has significantly weakened due to actions by Hong Kong and Chinese authorities. The annual candlelight vigil organized by the alliance, which used to attract tens of thousands of attendees to mourn the Tiananmen Square victims, was discontinued in 2020 amidst the COVID-19 pandemic and ahead of the enforcement of the security law by Beijing to suppress the 2019 anti-government protests.
Lee and Chow, who are anticipated to receive their sentencing later, smiled and waved at the spectators in the courtroom before departing. Observers view this trial as emblematic of the diminishing freedom of expression in the territory since its handover to Chinese rule in 1997.
Eric Lai, a senior fellow at the Georgetown Center for Asian Law, noted that the charge of inciting subversion has been frequently utilized in mainland China to criminalize the actions of human rights advocates, lawyers, and intellectuals, such as the late Nobel laureate Liu Xiaobo.
During the trial, prosecutors emphasized that the case wasn’t politically motivated but centered on the alliance’s alleged instigation to overthrow the Communist Party’s leadership through illicit means, citing their advocacy for “ending one-party rule” as evidence. However, Lee argued that their intention was to progress towards democracy, emphasizing the people’s right to choose their leaders and opposing the imposition of dictatorship by the Communist Party.
Chow, who represented herself in court, explained that “ending one-party rule” meant abolishing a system of unchecked power. She criticized the reversal of the standard for distinguishing right from wrong in this particular case.
Following their conviction, Lee’s wife expressed disappointment and frustration, maintaining Lee’s innocence while criticizing the judicial process. The supporters of the defendants expressed doubt about the allegations and the implications of a guilty verdict for the alliance.
The crackdown in Tiananmen Square in 1989, where hundreds, possibly thousands, lost their lives as military forces intervened, remains a significant event in modern Chinese history. The aftermath of the crackdown solidified the separation of economic reforms from political liberalization in China.
The former vigil location in Hong Kong was replaced by a carnival organized by pro-Beijing groups after the pandemic restrictions were lifted. Beijing defended the imposition of the 2020 security law as necessary for the city’s stability, resulting in the incarceration of several prominent activists, including media mogul Jimmy Lai, under the same law. The political landscape has drastically transformed, leading to the dissolution of numerous civil society organizations, including the alliance.