Hong Kong authorities have hit out at “baseless slander and smearing” by Western countries over the convictions of the now-disbanded alliance behind the annual Tiananmen Square vigil and its former leaders for inciting subversion, stressing the High Court’s “well-reasoned and sound” verdict.
In a strongly worded statement on Saturday, a spokesman for the city’s government said the Hong Kong Alliance in Support of Patriotic Democratic Movements of China, its former chairman Lee Cheuk-yan and its former vice-chairwoman Chow Hang-tung had received a fair trial and been found guilty of trying to undermine the fundamental system of the People’s Republic of China.
They were not prosecuted for their political beliefs, the spokesman stressed, rejecting assertions by Western countries that Friday’s verdict further demonstrated that freedom of expression was being eroded in the city.
The government condemned the “baseless slander and smearing” of the city by “various Western countries, anti-China media, organisations and politicians” over the case, he said.
“The court would only consider the laws and evidence relevant to the case to decide whether the prosecution is able to prove the charge beyond reasonable doubt,” the spokesman said.
Set up after the 1989 Tiananmen Square movement, the alliance organised the annual June 4 vigils in Victoria Park and called for ending “one-party dictatorship” in mainland China.
In their 216-page judgment, the three judges noted that while it was not unlawful for the alliance to organise the commemorations, the defendants had used the event to attract new supporters and instigate them to take action to oust the Communist Party of China.
They found the alliance, Lee and Chow had incited public hatred towards the party by likening Beijing’s crackdown on protesters in 1989 to local authorities’ response to the 2019 anti-government demonstrations.
Any attempt to overthrow or undermine the party’s leadership could constitute subversion because the country’s constitution did not permit Western-style democracy, the judges said.
The convictions were criticised by the United Kingdom, European Union, France, Germany, Australia and the United States, which labelled them another example of the erosion of freedoms in the city.
UN Secretary General Antonio Guterres said residents should be allowed to speak without fear of arrest and prosecution.
But in its statement on Saturday, the Hong Kong government said the defendants had refused to “pull back from the brink” after the imposition of the national security law in 2020 and were “bent on embracing the resistance line of the alliance to the very end”.
“The defendants intended to cause others to lose confidence in the [party] by stirring up hostility and causing division, so as to achieve the objective of undermining the fundamental system of the People’s Republic of China,” the spokesman said.
“Their conspiracy was abundantly clear, which must be brought to justice.”
The defendants’ right to a fair trial had been safeguarded by the Basic Law, the city’s mini-constitution, and the Hong Kong Bill of Rights, while the judiciary had exercised its power independently, the government said.
“The verdict handed down by the court in this case is forceful and compelling, as well as well-reasoned and sound,” the spokesman said.
The judgment “meticulously explained the court’s analysis of the relevant legal principles and evidence, as well as the reasons for the conviction”, he added.
“Members of the public should not be misled by the external forces’ attempts to smear, but must be able to distinguish between right and wrong, and clearly understand the difference between this case and the normal situation regarding the exercise of freedoms of association, assembly and speech,” he said.
The Legislative Council also fired back, with a spokesman saying the verdict reflected the spirit of the rule of law.
He called on “external forces” to stop interfering in Hong Kong’s internal affairs, respect its rule of law and cease “defaming” the judicial system “with double standards”.
Inciting subversion in Hong Kong carries a maximum sentence of 10 years’ imprisonment under the national security law. Any company or organisation that commits an offence under the law can be handed a fine, with no cap on the amount.
A fourth defendant, Albert Ho Chun-yan, had earlier pleaded guilty. The panel of judges will hear oral mitigation arguments on August 28 before handing down the sentences. -- SOUTH CHINA MORNING POST
