The Hong Kong government has rebutted international criticism of the city’s first arrests under a new, homegrown security law and the trial of Hong Kong’s 47 democrats, after a US government body said Thursday’s verdict showed “the Chinese Communist Party is pulling the strings” in Hong Kong.
In a statement issued on Thursday night, the government condemned the Western countries’ accusation as “simply do not stand up to the facts.”
Congressional-Executive Commission on China (CECC), an agency of the US government, criticised verdicts of the landmark case concerning 47 democrats on Thursday, urging the Biden administration to sanction judges and prosecutors “responsible for these political prosecutions.”
It also called for the UN to host an urgent discussions on the consequences of Hong Kong’s national security legislations on human rights.
Hong Kong’s High Court handed down verdicts for 16 defendants who pleaded not guilty in the case involving a total of 47 prominent democrats, over three years after arrests and charges.
The 47 were prosecuted under the Beijing-imposed security law with “conspiracy to commit subversion” on February 28, 2021, over their roles in an opposition primary in July 2020 to pick candidates in the hopes of winning a majority in a legislative election expected later that year. Most have been in custody since then.
Three High Court judges on Thursday convicted 14 of the 16 who pleaded not guilty to the subversion charge, while two were acquitted. The Department of Justice later announced it intended to launch an appeal against the two who were cleared, and saw that their existing bail conditions were extended.
Criticism of the verdicts was quick to pour in from Western countries. “These verdicts are yet another sign that the Chinese Communist Party is pulling the strings, as its extreme efforts to restrict democracy and human rights now dictate Hong Kong’s political and judicial institutions,” the CECC said.
The EU called the case a “politically motivated prosecution” in a statement issued on Thursday.
The Hong Kong government denied the claim, saying: “The HKSAR law enforcement agencies have been taking law enforcement actions based on evidence and strictly in accordance with the law in respect of the acts of the persons or entities concerned, and have nothing to do with their political stance, background or occupation.”
Arrests under new security law
Separately, the EU and the US condemned Hong Kong’s first arrests under the city’s homegrown security law, known locally as Article 23.
National security police arrested six people, including detained rights activist Chow Hang-tung on Tuesday, and a seventh on Wednesday.
The seven were suspected of posting seditious posts online linked to “an upcoming sensitive dates.”
Separate to the 2020 Beijing-enacted security law, the Safeguarding National Security Ordinance targets treason, insurrection, sabotage, external interference, sedition, theft of state secrets and espionage. It allows for pre-charge detention of to up to 16 days, and suspects’ access to lawyers may be restricted, with penalties involving up to life in prison.
The new legislation also raised maximum penalty for sedition to up to 10 years.
“We reiterate our concern that the law’s overly broad and vaguely defined provisions appear to further criminalise the exercise of freedom of expression and silence criticism of the government,” a US State Department spokesperson said on Thursday following the arrests.
A European Union spokesperson on Wednesday said the arrests “seem to confirm the EU’s concerns about the new law and its effect on the rights and freedoms of the people of Hong Kong”.
In response, Hong Kong’s government said Article 23 only targets “an extremely small minority of people” and “will not hinder legitimate expression of opinions.”
“Only invaders who want to intrude into our home to plunder and loot should be worried by the Ordinance,” the government said.
Beijing inserted national security legislation directly into Hong Kong’s mini-constitution in June 2020 following a year of pro-democracy protests and unrest. It criminalised subversion, secession, collusion with foreign forces and terrorist acts – broadly defined to include disruption to transport and other infrastructure. The move gave police sweeping new powers and led to hundreds of arrests amid new legal precedents, while dozens of civil society groups disappeared. The authorities say it restored stability and peace to the city, rejecting criticism from trade partners, the UN and NGOs.
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