A Hong Kong court has ruled that two Tiananmen vigil activists have a case to answer over calls to “end one-party rule” in China in a subversion trial under the Beijing-imposed national security law.
Three designated national security judges ruled on Friday that the prosecution established a prima facie case against Lee Cheuk-yan, Chow Hang-tung, and the disbanded Hong Kong Alliance in Support of Patriotic Democratic Movements of China.
The pair and the Alliance are standing trial for “inciting subversion” under the Beijing-imposed security law, an offence that carries a maximum penalty of 10 years in prison.
Their case revolves around a key Alliance slogan calling for the end of one-party rule, which prosecutors allege amounts to breaching the country’s constitution and inciting subversion.
Lee and Chow had sought early acquittals from their charges, arguing that the prosecution failed to present sufficient evidence.
While the judges dismissed the defence’s bid, they also rejected a core argument that the prosecution relies upon to prove the offence.
‘Superficial’
Prosecutors had argued that there are “no lawful means” to end the leadership of the Chinese Communist Party (CCP) after it was enshrined in China’s constitution following a 2018 amendment.
Not even the National People’s Congress, China’s top organ of state power, could change that through a constitutional amendment, the prosecution submitted.
But the judges ruled that the court would not consider the submission in the trial.
“The prosecution’s argument will have far-reaching implications,” Judge Alex Lee said in Cantonese. “But their submission was superficial and did not provide sufficient analysis, reasoning and supporting documents.”
The court will only consider whether the Alliance’s advocacy pushed for a legal constitutional amendment in China or constituted an incitement to subversion, he added.
The judges also ruled that the court could interpret China’s constitution based on its literal meaning, dismissing Chow’s submission that the court must rely on a Chinese constitutional expert.
Erik Shum, representing Lee Cheuk-yan, told the court that the activist “likely” would testify and no other witnesses would be called.
The court adjourned the hearing until Tuesday for the defence to begin its case.
Lee Cheuk-yan and Chow Hang-tung have been behind bars for over 1,600 days since their arrests in September 2021.
A third defendant, solicitor Albert Ho, pleaded guilty when the trial opened in January.
During the 1989 crackdown in Beijing, hundreds, perhaps thousands, were killed as troops dispersed pro-democracy demonstrators in and around Tiananmen Square.
For over three decades, the Alliance held annual vigils in Victoria Park to commemorate the 1989 crackdown, calling for democracy and an end to one-party rule. Authorities banned the gathering for the first time in 2020, citing Covid-19 restrictions. The following year, the Alliance disbanded after authorities banned the vigil again and arrested its leadership.
