Biweekly political prisoner trial developments in Hong Kong (28 October - 15 November)
Development 1: Chow Hang-tang barred from summoning overseas witnesses in national security trial
The Hong Kong High Court barred activist and barrister Chow Hang-tung from summoning overseas witnesses to testify in her national security trial, both in person and virtually.
The court handed down this ruling after Ms Chow argued that the new rule under the 2024 Safeguarding National Security Ordinance appeared to directly target her case, even though the event she is on trial for took place before this law was introduced. The Criminal Procedure Ordinance’s new amendment also prevents the court from allowing the prosecution or defence to apply for witnesses to provide evidence via live online broadcasts, if the trial is related to national security.
Following this decision, Chinese dissident Zhou Fengsuo and Danish artist Jens Galschiøt expressed their support for Ms Chow and offered to testify for her in person, but lamented over the fact that they cannot do this because they have both been banned from entering Hong Kong.
Chow Hang-tung is the former vice-chairperson of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China. In May 2023, Ms Chow and two others were found guilty of not complying with a national security police request for information. Although Ms Chow is already in prison for related charges, she still faces a charge of subverting state power through the Alliance. If convicted of “inciting subversion of state power,” Ms Chow faces a potential of 10 years’ imprisonment. Her trial is expected to start in May 2025.
Development 2: Hong Konger charged for “sedition” under Article 23 legislation over social media posts
A 57-year-old Hong Kong man was arrested for “knowingly publishing publications that had a seditious intention” under the Safeguarding National Security Ordinance (SNSO), which is colloquially referred to as ‘Article 23 legislation’.
The Hong Kong government reported that the social media posts in question included “content provoking hatred towards the Central Authorities and the Government of the Hong Kong Special Administrative Region”. The case was mentioned in the West Kowloon Magistrates’ Courts on Wednesday, but we await further information.
Hong Kong Watch is concerned about the increasing use of the SNSO to stifle free speech and to target individuals who simply express their opinions online, which is in line with their rights and freedoms under international law.
Development 3: Hong Kong man charged for insulting Chinese national anthem during World Cup qualifier
A 19-year-old Hong Kong man was charged for insulting China’s national anthem during a World Cup qualifier between Hong Kong and Iran at Hong Kong Stadium in June. The charge comes five months after the man’s initial arrest, alongside another man and a woman who joined him in “insulting” the national anthem. The other two have yet to be charged.
The three individuals were arrested after police officers who were “observing spectators and filming them” noticed that they turned their backs to the turf and did not stand during the entire Chinese national anthem. In a statement, the police said, “The police stress that it is a criminal offence for anyone who publicly and intentionally insults the national anthem in any way. Upon conviction, they may face a fine of up to HK$50,000 dollars and imprisonment for three years. Citizens are advised not to test the law.”
The 19-year-old-man who has been charged will appear before the Eastern Magistrates’ Courts next Tuesday.