Forty-seven Hong Kong democrats were formally charged by the police with conspiracy to subvert state power on Sunday for their participation in last year’s 35+ Legislative Council primary election.
The defendants went through a marathon hearing of about 30 hours and were not allowed to freshen up or change their clothes for three days and nights in the scabbard detention center. The seriousness of the charges, the number of defendants, the treatment they received, and the Time spent in court across three days are all unprecedented in Hong Kong’s judicial history.
Former pro-democracy legislator Dr. Fernando Cheung criticized that the arrangement of the prosecution is inhumane, which is a blow and torture to the defendants’ spirit and will.
The Hong Kong Police National Security Division mobilized more than 1,000 police officers on January 6 to conduct a major search and arrest 53 pro-democracy activists, accusing them of planning and participating in last year’s 35+ Legislative Council primary elections, suspected of violating the Hong Kong National Security Law. 47 of them were formally charged with conspiracy to subvert state power by the police on Sunday (February 28), which is the largest prosecution since the implementation of the Hong Kong National Security Law 8 months ago, known as the
Hong Kong 2-28 incident.
The prosecution applied for a three-month postponement to oppose the defendants’ bail
The 47 defendants, aged between 23 and 64, including academics, former legislators, current district councillors, health care workers and barristers, cover the most radical and moderate political spectrum of the democratic camp, and were brought to the West Kowloon Magistrates’ Court on Monday morning (March 1).
The prosecution charged that the defendants conspired together and with others in Hong Kong between July 1, 2020 and January 7, 2021, with the intent to subvert Chinese state power.
The case brought by the prosecution includes articles written by the first defendant, former associate professor of the University of Hong Kong’s law department, Tai Yiu-ting, before the implementation of the National Security Law, social networking site posts of some of the defendants, and joint statements, etc. It is alleged that Tai Yiu-ting and the second defendant, former pro-democracy legislator Au Nok-hin, together with Democratic Momentum and the promoter of the three votes and three no votes, organized the pro-democracy 35+ Legislative Council primary election and conspired with the remaining 42 defendants to win a majority of seats in the Legislative Council through the primary election.
The conspiracy was to seize the majority of seats in the Legislative Council through primary elections, so as to veto the Budget without discrimination, trigger the resignation of the Chief Executive, and implement the plan to win the firing.
The prosecution said that the conspiracy plan lasted for seven months and continued even after the implementation of the National Security Law. If not for the one-year delay in the Legislative Council election due to the new coronavirus Epidemic, the defendants would have continued to conspire to subvert the plan.
The prosecution said there are 400 items of digital data to be verified, and the need to investigate a large number of financial transactions, may be added to the defendants other charges, the application will be postponed for three months to May 31 and then arraignment, and oppose the defendants bail.
At least 10 defendants requested to make additional statements in person According to several Hong Kong media reports, four member Civic Party members have resigned from the party.
At least 10 defendants have since expressed their desire to make additional statements, including former reporter Ho Kwai-lan of Standpoint News and Eastern District Councilor Yeung Suet-ying, who also dismissed their lawyers with the intention of making their statements in person.
The judge appointed by the National Security Law to handle the case, President Judge So Wai Tak, said that because many defendants have additional statements, decided to postpone the hearing to Thursday (March 4) at 10 a.m., when the additional statements will be handled in one go, as well as the lawyers to stop the procedures of representing the defendants. So Wai Tak also said that if all relevant matters can be dealt with on Thursday, may be the same day to make a decision. The defendants were sent to the Correctional Services Department for the third consecutive night to be escorted to the detention center to return to scabbard.
Fernando Cheung criticized the marathon hearing of the prosecution arrangements inhumane
This time, the State Security Law bail application, the defendants experienced more than 30 hours of marathon hearing, scabbard detention center during 3 days and 3 nights can not wash and change clothes. The judge adjourned the hearing only after a defendant fainted in the courtroom due to physical exhaustion, which was unprecedented in the judicial history of Hong Kong.
In an interview with Voice of America, former pro-democracy legislator Fernando Cheung criticized the prosecution’s inhumane arrangements, which were a blow and torture to the defendants’ mental and physical strength.
The first night, many (people) actually did not sleep, in fact, this is a blow to their spirit and will is a blow and torture, today is the third day of progress is still very slow, have not yet listened to several other (defendants) bail statements, I am worried that tonight will be very late, in fact, that (trial) arrangements are really not the same. The (trial) arrangements are really not too good.”
Fernando Cheung believes that the police have brought 47 people to court in one go, using judicial procedures against bail and intentionally showing the defendants to the public, which he criticized as a political prosecution.
I think they seem to have the intention to do a big dragon and phoenix (drama) to show the public, that is to say that is so, but also to abuse a procedure, that is, they are not ready to be postponed for three months, followed by saying that they oppose bail, trying to deprive a group of completely unconvicted, untried people of his (their) freedom, I think this thing the government is, obviously the whole is a political operation, political prosecution.”
I think they seem to have the intention to do a big dragon and phoenix (drama) to show the public, that is to say that is so, but also to abuse a procedure, that is, they are not ready to be postponed for three months, followed by saying that they oppose bail, trying to deprive a group of completely unconvicted, untried people of his (their) freedom, I think this thing the government
is, obviously the whole is a political operation, political prosecution.”
The reporter asked whether the early timing of the police prosecution and arraignment was in line with the meeting of the Chinese National People’s Congress in Beijing on Friday (March 5), and whether the meeting would deal with the revision of Hong Kong’s electoral system.
Dr. Fernando Cheung responded that he thought the timing of the early police prosecution might be in line with the two sessions of the National People’s Congress held in Beijing to amend Hong Kong’s electoral system to eliminate dissent.
I don’t think it’s a coincidence that the two sessions of the National People’s Congress are likely to change some of the rules of the Hong Kong elections, basically eliminating any dissent, or the opportunity for democrats to run for office, on the one hand, this class of people we’ve worked for (democrats), under the system, and a kind of intimidation, that is, we will be hung up and beaten. These are a kind of intimidation, on the other hand, it can also be said to cheer for its two sessions, it will be even (election) rules are changed, more Hong Kong people you do not have to think about it, die, I think this is very clear is the regime wants to express the message.”
People wearing Aung San Suu Kyi head T-shirt in solidarity
A large number of people came outside the West Kowloon Magistrates’ Court building for the third consecutive day to show solidarity with the 47 defendants. Mr. Lee, a 73-year-old Hong Kong citizen, wore a T-shirt with the head of Myanmar’s State Counselor Aung San Suu Kyi, who is currently under military house arrest, on Wednesday to queue outside the West Kowloon Magistrates’ Court building for the gallery to show his support for the 47 pro-democracy defendants.
Mr. Lee said in an interview with the Voice of America that he has supported the idea of democracy since he was a child, and he believes that the 47 pro-democracy defendants have become political prisoners, just like Aung San Suu Kyi. Mr. Lee also said that charging those who participated in the pro-democracy primary with conspiracy to subvert state power reflects the uselessness of this country.
Mr. Lee said, “This country is useless, it can’t withstand the normal protest of the people at all.”
Criticism of the prosecution inhumane one country, two systems is a scam
For the defendants to experience more than 30 hours of marathon hearings, but also scabbard detention during the 3 days and 3 nights can not wash and change clothes, Mr. Li said, completely inhumane and no human rights.
Mr. Li said, “It is completely inhumane, but there is no human rights, but there is a communist day, this society is like this.”
Mr. Li said he moved to Hong Kong from mainland China in his teens and has lived in Hong Kong for 60 years, never believing in the so-called return of democracy, and he believes that one country, two systems is a scam. However, Mr. Li said he likes Hong Kong too much to leave the city.
Mr. Lee said, “Now it’s simply one country, one system with the mainland, there is absolutely no, it (Beijing) use that name of one country, two systems to deceive the people of the world, deceive the governments of various countries, deceive the United Nations.”
Liu Yingkuan wrote a paper appeal to people outside the wall to support each other
One of the defendants, Liu Ying-hong, a former spokesman for the civil assembly team that disbanded after the implementation of the National Security Law, wrote a note to his girlfriend, Emilia, at the detention center Wednesday.
Emilia later disclosed Liu Ying-hong’s note on social networking sites, mentioning his situation in the scabbard, saying that he was finally arranged to take a cold shower on Tuesday night (March 2), and also had time to sleep, describing himself as much better.
Liu Ying Kuang said that the Food in the remand Home was not as horrible as he thought, and he ate half a bowl of steak (steak) rice for breakfast on Wednesday. He also mentioned that he had a laugh with other arrested people in the remand home, describing it as a great reconciliation between the pan-democrats, and he and the former leader of the Civic Party Yang Yueqiao buckled on the same hand clasp, a beautiful picture.
Liu Ying-hong thanked his girlfriend for her support over the past few days, and mentioned that he was touched when he saw 64-year-old social activist Granny Wang chasing after the prison van and shouting for help. Liu Ying-hong said that the arrested people will persevere, and hope that his girlfriend and people outside the wall support each other.
Hong Kong NPC deputy Tian Beichen, who will attend the two sessions of China’s National People’s Congress (NPC) on Friday, estimated that the NPC will have the opportunity to make a statement during the two sessions, such as making a decision, and then the SAR government to change Hong Kong’s electoral system and arrangements through local amendments to the law in Hong Kong. He believes that the proposal to reduce the number of seats for District Council members in the Chief Executive Election Committee and to delineate the Legislative Council constituencies is more acceptable to the community’s Perception than the disqualification of candidates, which will not make people feel overly screened and less shocking to Hong Kong.
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