On March 1, 2021, 47 pro-democracy activists were brought to the West Kowloon Court for a hearing on charges of “conspiracy to subvert state power.”
Forty-seven pro-democracy activists in Hong Kong have entered the second day of trial on charges of “conspiracy to subvert state power”.
One of the defense lawyers, Albert Ho, told the Voice of America on Tuesday (March 2) after the trial that he believes this is a political crackdown by the Hong Kong government before the two sessions of the Communist Party of China, to round up the pan-democrats to explain to Beijing and Xia Baolong, vice chairman of the National Committee of the Chinese People’s Political Consultative Conference and director of the Hong Kong and Macao Affairs Office of the State Council.
Mr. Albert said that the chief prosecutor of the Hong Kong Department of Justice had indicated in the court hearing on Monday (March 1) that it would take at least three more months to complete the search for evidence.
He believes that this means that the prosecutor and the Hong Kong prosecution are simply prosecuting 47 people on the premise of insufficient evidence, plus, after two days of trial, the Hong Kong court judge is likely to follow the example of Next Media founder Lai Chi-ying and deny bail to some of the defendants, which is tantamount to imprisoning the pan-democrats “before trial”, and the future detention Time may be as long as several months to a year, fearing to set a “very horrible” precedent in the Hong Kong legal profession.
Jail before trial, a horrible precedent
Albert Ho said: “Yesterday (Monday), we saw the information given by the chief prosecutor (officer), he said, or preliminary, but a lot of (information) is still in the search for evidence, so, probably another three months later, before returning to court, and then see how the progress. So, there is not enough evidence to prosecute, you can only say that there is some prima facie evidence. Well, this would not have happened in Hong Kong before. You are not going to prosecute if it is (search evidence) is not mature, and (the judge) more than likely will not oppose bail, so we believe that what they are probably doing now is to explain to Beijing, because this two sessions are now going to be (called) open.”
In addition to the Hong Kong government to cooperate with the political suppression before the two sessions, Albert Ho said the arrest of 47 people was also very hasty. He believes that the arrests of former University of Hong Kong law associate professor Tai Yiu-ting, former secretary-general of the Hong Kong House of Representatives Wong Chi-fung and Lai Chi-ying are in response to the recent release of Hong Kong’s Bauhinia magazine, which named the three as “anti-China and rebellious elements among the extremely bad”, the Hong Kong government’s response.
Albert Ho is currently the defence lawyer for six defendants, including Tai Yiu Ting, Democratic Party member Wan Siu Kin, Lam Cheuk Ting and Wong Pik Wan.
In early January, more than 50 Hong Kong people were arrested and released on bail for allegedly participating in a primary election organized by the pro-democracy camp. They were not supposed to report to the police again until April of this year. But on Sunday (February 28), the Hong Kong police suddenly asked them to report to the police station earlier, and formally charged 47 people with “conspiracy to subvert state power”, including five people, including Tai Yiu-ting, who is coordinating the primary election, while the remaining eight pan-democrats who have not been charged are still on bail.
Albert Ho criticized that Hong Kong’s judicial system has been gradually “Chineseized”, but still expects and calls on Hong Kong judges to adhere to the last line of the rule of law and judicial independence in Hong Kong.
Albert Ho said: “Ah! Needless to say, (Hong Kong justice) is now going to the mainland. Now is not exactly the same as the mainland, because lawyers can still (free) to speak, but I hope that judges under pressure there are still some bottom line, but the Department of Justice chief prosecutor has no bottom line, it is already very clear, the police also has no bottom line, completely high-handed, completely suppressed.”
Albert Ho said that the Hong Kong court has never held a trial with so many people at one time in the past, and this time even reporters and Family members could not enter the courtroom to observe the trial, but only through the video outside the courtroom to understand the trial. For two days, he said, a number of defendants were crammed into the small prisoner pen at the same time in the courtroom, “like a cage of chicks, very pathetic,” he said, adding that the defendants were all professionals with images such as legislators or physicians, and that the political symbolism of humiliating them was strong.
The arrest procedure is full of flaws
Mr. Albert also criticized that the legal procedure of the arrest is full of flaws. He said a number of defendants were told on Sunday (Feb. 28) to report to the police station only to cooperate with the video investigation. But the person was detained as soon as he reported to the police station and was immediately asked to appear in court the next day. Even the judge and the defense lawyers received the defendants’ complaint information and personal background information one after another only after the court session on Monday, so there was no way to prepare.
He said all the lawyers were busy helping the defendant apply for bail in the past two days. But he said, according to the precedent of Lai Chi-ying, the judge will probably deny bail to most people on the grounds that he “cannot believe that the defendant will not violate the National Security Law again while on bail. Therefore, Mr. Ho said, it is likely that most of the 47 people charged in this case will remain in custody for the next few months to a year, “imprisoned before trial” until the next trial.
In an interview with the Voice of America, Taiwan-born lawyer Lin Junhong, who has assisted Hong Kong people in the mass arrests of pan-democrats, also said that the prosecutors in Hong Kong did not have enough evidence and prosecuted them hastily, which is rare in a normal democratic country where the rule of law prevails, because prosecutors rarely prosecute before the search for evidence is completed, and the courts are unlikely to rule on detention or issue a guilty verdict.
The “Chinese-ization” of Hong Kong justice
But he said that Hong Kong’s judicial system appears to have departed from the principle of independence in handling cases, and that if the courts were to pay for the conviction of pan-democrats in the future, it would follow the fall of Hong Kong’s administrative system, which has gradually become “Chinese” and “one country, one system”.
On this premise, he said, the fate of Hong Kong people and democrats is worrying.
The first, from the prosecutor’s system, they seem to have been completely for the political service, so they asked to prosecute, but in the trial part, we can probably from the previous Lai Chi-ying (case) of some of the trial, no way to pay (bail) to put this thing, I think we can see some clues. Therefore, the most worrying thing is that these other protesters will also be subjected to the same treatment, if they suffer the same treatment, or even that, in the current situation of unclear evidence, the future are found guilty, it can go to prove that Hong Kong’s justice is probably also ruined.”
According to Hong Kong’s National Security Law, the Hong Kong pro-democracy activists prosecuted this time may face a sentence of more than 10 years or even Life imprisonment in serious cases, or less than three years in light cases.
Lam Chun-hong called for continued attention to be paid to Hong Kong’s pro-democracy activists.
The mass arrests in Hong Kong have already generated a high level of concern and discussion in Chinese human rights and dissident circles.
The Red Scare
One human rights lawyer, who asked not to be named, told VOA in writing that there is “no doubt that this is political persecution.
Another Chinese dissident, also speaking on condition of anonymity, said in an interview with VOA that “there is no dispute that Hong Kong has completely fallen, that it has been Chineseized.”
He said:- “The Chinese Communist Party is determined to break the will to resist in Hong Kong once and for all, to repeatedly pressure Hong Kong to bend to the will of the party-state, and later I believe we will see more incidents of red terror from the law and from the actions.”
The dissident said Chinese human rights lawyers and opponents are highly concerned about the situation in Hong Kong and are generally “saddened” by the fall of Hong Kong and disappointed by the weakness of the international community.
We are disappointed and regretful to the international community in general,” he said. What (the international community) is doing now is superficial, which allows the Chinese Communist Party to act with impunity. What appeals, what criticism, are just to cope with the criticism of the media and human rights bodies, (the international community) still can’t do without the CCP’s economic and trade silver bullets, still (put) interests (first).”
He called on the international community to see the CCP as a fundamental threat to democracies, not just a competitor, because China practices totalitarianism and is an enemy of human civilization.
In response to the arrest of the Hong Kong pro-democracy activists, the U.S. government, Congress and the European Union have now expressed a highly concerned attitude and called for the immediate release of the pro-democracy activists.
However, top Chinese Communist Party leaders, including Chinese President Xi Jinping, have repeatedly stated that China’s decisions regarding Hong Kong, Xinjiang, and even Taiwan have been identified as internal affairs issues, and that the Communist Party’s position will not back down, and that it believes the international community has no right to comment.
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