Biweekly political prisoner trial developments in Hong Kong (10 June - 21 June)
Development 1: Trial of Jimmy Lai adjourned until 24 July
The long-anticipated trial of Jimmy Lai opened on 18 December 2023. Jimmy Lai is a British citizen who founded the now-defunct newspaper Apple Daily, the largest pro-democracy newspaper in Hong Kong. Mr Lai faces three charges under Hong Kong’s Beijing-imposed National Security Law which carries a maximum punishment of life in prison, and one charge for “conspiracy to publish seditious publications” under the colonial-era sedition law.
On 11 June, the prosecution completed presenting evidence, including playing interviews and recordings of Mr Lai. The case is now adjourned until 24 July for a mid-stage evaluation to rule whether there is a prima facie case. When court resumes, the defence lawyers are expected to argue that Mr Lai has ‘no case to answer’.
The allegedly criminal activities of Mr Lai, including speaking with foreign media outlets, expressing his opinions, and interviewing journalists, academics, and human rights advocates, are permissible under international law, including within the scope of Hong Kong’s international legal obligations.
Development 2: First man charged under Article 23 legislation, for wearing allegedly seditious slogan, denied bail
Chu Kai-pong, the first man charged under Article 23 for wearing an allegedly seditious slogan and a yellow mask, was denied bail under the new security law. In January, he wore the banned protest slogan, ‘Liberate Hong Kong, revolution of our times.’
Mr Chu was brought to court on 14 June for “doing with a seditious intention an act or acts that had a seditious intention.” His shirt and mask were said to be “intended to incite hatred, contempt or disaffection against the fundamental system of the state established by the Constitution of the People’s Republic of China.”
Mr Chu was denied bail, and the case was adjourned until 7 August. Mr Chu’s case will not only set a precedent for other sedition cases under the new security legislation, known as ‘Article 23’, but clearly demonstrates how the new security legislation in Hong Kong violates civil liberties, including the freedom of expression, that are guaranteed under international law.
Development 3: Hong Kong authorities cancel passports of six pro-democracy activists with bounties in UK
The Hong Kong government cancelled the passports of six Hong Kong pro-democracy activists in the UK who were issued arrest warrants with HK$1 million (£100,508) bounties in July and December last year. This includes Finn Lau, Simon Cheng, Christopher Mung, Nathan Law, Johnny Fok and Tony Choi.
This is the first time the Hong Kong government has exercised its power to cancel the passports of alleged “absconders” under Article 23 legislation. Under Article 23, the Hong Kong Secretary for Security can declare an individual to be an absconder if they have an arrest warrant for a minimum of six months without appearing before a magistrate, and if the Secretary for Security “reasonably believes” they are not in Hong Kong.
The government will also cancel all business dealings in Hong Kong related to the six individuals, and make it unlawful to provide them with “funds, financial assets, handle their economic resources, or have property dealings”. Those who breach this provision or enter into a joint venture with these individuals could face up to seven years’ imprisonment.
The notable individuals who have been targeted since last year include former pro-democracy lawmakers, prominent Hong Kong lawyers and trade unionists, and activists who have campaigned against the activities of the Hong Kong government that breach Hong Kong’s obligations under international law and treaties.
Development 4: Hong Kong Watch stands in solidarity with Hong Kongers commemorating the fifth anniversary of the anti-extradition law protests in Hong Kong
Throughout June, Hong Kong Watch stands in solidarity with Hong Kongers in commemorating the fifth anniversary of the 2019 anti-extradition law protests in Hong Kong, and especially the demonstrations outside the Hong Kong Legislative Council on 12 June 2019, referred to as the ‘612 incident’. The 612 incident involved the Hong Kong Police Force using the first rubber bullets and tear gas against peaceful pro-democracy protesters. Many of these protesters also became or remain political prisoners in Hong Kong today.
According to Amnesty International, between 12 June 2019 and 29 February 2020, the Hong Kong Police Force fired a total of 19 rounds of live ammunition, 16,191 rounds of tear gas, 10,100 rounds of rubber bullets, 2,033 beanbag rounds and 1,880 rounds of sponge bullets at protesters, which led to serious eye injuries on at least three occasions. Police were routinely seen hitting protesters’ heads with batons, kicking and stomping on heads and limbs with heavy-duty riot gear, and kneeling on protesters and non-protesters who were in no way resisting or capable of resisting.
Hong Kong Watch pays tribute to the courageous protesters who risked their lives and futures to defend the values of democracy, freedom, the rule of law, and the autonomy which Beijing promised to Hong Kong in the Sino-British Joint Declaration.
香港政治犯審訊簡報（2024年6月10日至21日）
事件1：黎智英案押後至7月24日續審
黎智英的《國家安全法》案件經數度延期後，終於在2023年12月18日開審。黎智英是英國公民，創辦了香港最大型民主派報紙《蘋果日報》，《蘋果》現已停運。黎被控「串謀勾結外國勢力」等三項《國安法》控罪，最高可判處終身監禁，另被控一項殖民時代煽動法下的「串謀發布煽動刊物」罪。
6月11日，控方完成舉證，包括播放黎的訪談和錄音。案件現押後至7月24日作中段陳詞，再由法庭裁定案件是否表證成立。辯方屆時料將指控方證據不足，故黎「毋須答辯」。
黎智英被指控的罪行，包括與外國傳媒聯絡、表達自己的觀點，以及採訪記者、學者和人權倡議者，均在國際法下允許，亦包括在香港國際法律義務的範圍內。
事件2：男子因穿光時上衣被首控23條煽動罪 被拒保釋
事件3：港府撤銷六名在英被通緝社運人士特區護照
事件4：香港監察與港人並肩同行 紀念「反送中」運動五週年