A Hong Kong court has rejected an application by Tiananmen activist Chow Hang-tung to have the subversion charge against her quashed, saying prosecutors have adequately specified the allegations to ensure a fair trial.
Chow is a former vice chair of the now-defunct Hong Kong Alliance in Support of Patriotic Democratic Movements of China, which organised annual vigils to commemorate the 1989 Tiananmen crackdown. Alongside two former Alliance chairpersons, Albert Ho and Lee Cheuk-yan, she stands accused of inciting subversion, an offence under the national security law Beijing imposed in 2020, following the 2019 pro-democracy protests and unrest.
Chow, a barrister, told the court on Monday that the prosecution had failed to specify what constituted the “unlawful means” in the case, through which the defendants allegedly sought to end the rule of the Chinese Communist Party (CCP).
She argued there was no “objective definition” of when the party’s rule comes to an end, adding that prosecutors’ “vague and empty” accusations were tantamount to “criminalising all political dissent.
In response, Ned Lai, deputy director of public prosecutions, said that any act could become unlawful as long as one harboured the intention of toppling the CCP, as stipulated in the first article of China’s constitution.
High Court Judge Alex Lee, one of the three-member bench presiding over the case, said such a definition would “cast a net very widely,” but agreed that it was clear enough for the defendant to understand the allegations against her.
He said that whether the prosecution’s interpretation of the law would stand and whether the defendants did commit any illegal acts to bring the CCP’s rule to an end would be matters to be handled during the formal trial.
The judge said the bench would hand down the reasons for rejecting Chow’s bid in writing on January 21, one day before the formal trial is scheduled to begin.
It was also revealed in court on Monday that prosecutors had found one of the Alliance’s core demands and slogans – “bring one-party rule to an end” – as subversive under China’s constitution.
For three decades until 2020, the Alliance organised annual candlelight vigils to commemorate the victims of the Tiananmen crackdown in Beijing on June 4, 1989.
It is estimated that hundreds, perhaps thousands, died when the People’s Liberation Army dispersed pro-democracy protesters gathered at Tiananmen Square in the Chinese capital.
The Alliance organised annual vigils in Hong Kong’s Victoria Park and advocated for the end of the one-party rule, alongside other political demands, until authorities banned the gathering in 2020, citing Covid-19 policies.
The organisation voted to disband in 2021 following the prosecution of its former leaders, including Chow, Ho, and Lee Cheuk-yan.
Chow and Lee Cheuk-yan have been remanded in custody for over 1,500 days. Ho, who has been held in detention for over 1,300 days, has indicated that he will plead guilty when the trial begins.
The trio have allegedly incited others to organise, plan, carry out, or participate in illegal acts aimed at subverting state power, namely, overthrowing the “fundamental systems” established under China’s constitution and toppling the central authorities of China.
The offence carries a maximum penalty of 10 years behind bars.
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.
