2021 arrests of Hong Kong pro-democracy primaries participants

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Hong Kong pro-democracy mass arrests
Native name 香港民主派初選大搜捕
Date6 January 2021 (2021-01-06)
LocationVarious locations in Hong Kong
Target54 participants of a pro-democracy primaries
Outcome47 of 54 activists charged, remanded in custody (some released on bail)
ChargesConspiracy to commit subversion under the Hong Kong national security law
TrialDay 1: 1 March 2021
Day 2: 2 March 2021
Day 3: 3 March 2021
Day 4: 4 March 2021
Day 5: 31 May 2021
Day 6: 8 July 2021
Day 7: 23 September 2021

On 6 January 2021, 53 Hong Kong pro-democracy activists, former legislators, social workers and academics were arrested by the National Security Department of the Hong Kong Police Force under the national security law over their organisation and participation in the primaries for the subsequently postponed Legislative Council election, including six organisers and 47 participants, making it the largest crackdown under the national security law since its passage on 30 June 2020. The police also raided 72 places including the home of jailed activist Joshua Wong, the offices of news outlets Apple Daily, Stand News and InMedia HK and polling institute Hong Kong Public Opinion Research Institute (PORI), and froze more than $200,000 in funds related to the primaries.[1] These were the most prominent politicians in the opposition camp that had been arrested by the authorities.[2]

On 28 February, 47 opposition figures among those arrested in January were officially charged with conspiracy to commit subversion under the national security law. Their appearance in court on 1 March saw hundreds of protesters assembling outside the building, a rare act of defiance before the background of restrictions due to the national security law and the COVID-19 pandemic.[3]

Subsequently, bail was only granted to less than half of the defendants, which observers related to the particularly stringent bail requirements mandated by the national security law. The case was adjourned on 31 May 2021,[4] and again on 8 July to 23 September; by early July, many of the defendants had announced their retirement from politics.[5] Several defence lawyers expressed their objections in court to the slow prosecutions, which contrasted with speedily pressed charges.[3] Analysts considered the slow charges, which extended to other national security cases, to be a deliberate strategy designed to stoke fear.[6]

Background[]

Main article: 2020 Hong Kong pro-democracy primaries
Long queue outside polling station at Tai Po Plaza on 12 July 2020.

On 11 and 12 July 2020, the pro-democracy camp, organised by legal scholar and activist Benny Tai, held a primary to select numbers of candidates for the September Legislative Council election to maximise the chance for the pro-democrats to achieve the "35+" majority in the Legislative Council to block the government's bills and pressured the government to implement the five key demands of the ongoing protests.[7] Tai envisaged that the democrats would veto all bills in the legislature to paralyse the government, and would force the Chief Executive to dissolve the Legislative Council after the government budget was vetoed, as on the fourth and fifth stages of the "ten-step lam chau" timeline.[8]

Before the primaries were held, Secretary for Constitutional and Mainland Affairs Erick Tsang warned that they might violate the new Beijing-imposed national security law, specifically its clauses prohibiting secession, subversion and collusion with foreign powers. Benny Tai refuted the claim by saying such advocacy work was in accordance with the principles of the Basic Law. He added that vetoing the budget would not constitute "seriously interfering in, disrupting, or undermining the performance of duties and functions" of the government under Article 22 of the new law because the chief executive has the power to dismiss the legislature and call a by-election.[9]

Despite the national security law and legal threats, over 600,000 voters, including 590,000 electronic ballots and more than 20,000 paper ballots, turned out throughout the two-day vote, more than 13 per cent of the total number of registered voters and far exceeding the organisers' expected turnout of 170,000.[10] Chief Executive Carrie Lam issued a strong warning to the candidates and organisers of the primaries, saying it was subversive for them to vow to seize control of the legislature and vote down key government proposals. "If this so-called primary election's purpose is to achieve the ultimate goal of delivering what they called '35+' [lawmakers], with the objective of objecting or resisting every policy initiative of the HKSAR government, it may fall into the category of subverting the state power – one of the four types of offences under the national security law," she said.[11]

A spokesman for Beijing's Liaison Office in Hong Kong condemned the opposition camp for ignoring the Hong Kong government's warning of possible legal breaches and pressing ahead with the primary. It named Benny Tai as a suspect in a possible breach of the national security law by coordinating with the opposition camp to seek control of the legislature, vote down the budget, paralyse the government and subvert the state power. It also accused Tai and the opposition of aiming to take over the city's governance by staging the Hong Kong version of a "colour revolution".[11] The Hong Kong and Macau Affairs Office (HKMAO) accused Tai of "illegally manipulating" Hong Kong's electoral system, challenging the new national security law and acting as a political agent for foreign forces.[12]

Arrests[]

National Security Department police officers showing documents to Stand News editor-in-chief Chung Pui-kuen on 6 January
Senior Superintendent Li Kwai-wah during press briefing after the arrests at noon

In the morning on 6 January 2021, the National Security Department of the Hong Kong Police Force raided 72 places, including the home of jailed activist Joshua Wong, as well as co-organisers Hong Kong Public Opinion Research Institute (PORI) and law firm Ho Tse Wai and Partners. It further demanded three news outlets Apple Daily, Stand News and InMedia HK to hand over information, and froze HK$206,000 in funds related to the election. In the operations, the police arrested 53 men and women including activists, former legislators, social workers and academics who organised or contested in the primaries across the pro-democracy spectrum on suspicion of "subversion of state power" under the national security law.[13][14] They included organiser Benny Tai and jailed activist and primary candidate Joshua Wong, seven former legislators of the Democratic Party, the Hong Kong's largest opposition party including the party chairman Wu Chi-wai, veteran politicians and activists Leung Kwok-hung and Claudia Mo, and newcomers including Jeffrey Andrews, a social worker serving the city’s ethnic minority community, and disability rights advocate Lee Chi-yung.[15][16] American lawyer John Clancey, partner of Ho Tse Wai and Partners and treasurer of the Power for Democracy which co-ordinated the primaries, was also arrested.[17] PORI executive director Robert Chung and his deputy Chung Kim-wah were also visited by police asked to assist with the investigation.[18]

In the afternoon after the arrests, Li Kwai-wah, Senior Superintendent of the National Security Department, met with reporters. During the briefing, he showed a timetable showing that the proposal to use strategic voting to win a majority in the Legislative Council had first emerged in March 2020, with crowdfunding, public opinion research, publicity, and holding forums to follow until June. The primary elections were held on 11 and 12 July. Without referring to Benny Tai by name, he said that the proposer of the plan had been "very determined and resourceful". He stated that such aims as in the plan amounted to subversion.[19]

According to Secretary for Security John Lee, the arrestees were accused of "subverting state power" for holding the primaries and were suspected of attempting to gain a majority in the Legislative Council with the goal of paralysing the government. Lee also said that the primary election was organized and planned as an evidence for the "vicious plan" to "sink Hong Kong into an abyss."[20]

53 arrestees, excluding Joshua Wong and Tam Tak-chi who were already in prison, are listed as the following.[21] All were released on bail on 7 January, except Wu Chi-wai, who was alleged to have violated bail conditions related to a separate case of unauthorized assembly.[22]

Organisers[]

Benny Tai
Au Nok-hin

Candidates[]

Hong Kong Island[]

Kowloon West[]

Jimmy Sham

Kowloon East[]

Joshua Wong

New Territories West[]

New Territories East[]

Leung Kwok-hung
  • Gwyneth Ho, former journalist for Stand News
  • Ventus Lau, activist
  • Alvin Yeung, former leader of the Civic Party and former member of the Legislative Council (2016–2020)
  • Raymond Chan, chairman of the People Power and former member of the Legislative Council (2012–2020)
  • Owen Chow, activist
  • Lam Cheuk-ting, member of the North District Council and former member of the Legislative Council (2016–2020)
  • Gary Fan, member of the Sai Kung District Council and former member of the Legislative Council (2012–2016; 2018–2020)
  • Hendrick Lui, social worker
  • Leung Kwok-hung, former member of the Legislative Council (2004–2017)
  • Mike Lam, businessman
  • Ricky Or, member of the Sai Kung District Council
  • Lee Chi-yung, spokesman for the Association of Parents of the Severely Mentally Handicapped

District Council (Second)[]

Lester Shum
  • Kwong Chun-yu, member of the Yuen Long District Council and former member of the Legislative Council (2016–2020)
  • Lester Shum, member of the Tsuen Wan District Council
  • Wong Pak-yu, member of the Yuen Long District Council
  • James To, member of the Yau Tsim Mong District Council and former member of the Legislative Council (1998–2020)
  • Lee Yue-shun, member of the Eastern District Council

Health Services[]

  • Winnie Yu, chairperson of the Hospital Authority Employees Alliance
  • Michael Lau, officer of the Hong Kong Allied Health Professionals and Nurse Association
  • Joseph Lee, former member of the Legislative Council (2004–2020)
  • Yuen Wai-kit, principal of the School of Nursing of the Union Hospital

Responses[]

Hong Kong[]

Hong Kong government[]

Secretary for Security John Lee speaking after the mass arrests

On the day of the arrests, Secretary for Security John Lee said at the Legislative Council that the ten-step lam chau timeline that Benny Tai, one of the arrestees, had proposed would "result in serious damage to society as a whole, that is why police action today is necessary."[20]

The government issued a press release stating that the arrested persons are "active elements who organize, plan, implement, or participate in the subversion of the regime" with the intent to paralyze the government, severely interfere with, obstruct, and undermine the performance of its functions, and coerce the Chinese government and the SAR government.[23]

Ronny Tong, a member of the Executive Council, said that for the time being, he did not see that the democrats violated the national security law in the primary elections. However, he also pointed out that members' veto of all government funding to prevent the government from functioning may be "seriously interfering with the performance of government agencies’ duties," and that they may violate the law.[24]

DAB lawmakers (from left to right) Leung Che-cheung, Holden Chow, Elizabeth Quat reacts the mass arrests

Pro-Beijing camp[]

Holden Chow, member of the Legislative Council for the largest pro-Beijing party, DAB, said in a tweet that those arrested had violated the national security law because they had a "clear aim to paralyze" the local government and were threatening to "remove the Chinese sovereignty over Hong Kong."[25]

In an interview with the public broadcaster RTHK, Roundtable lawmaker Michael Tien said the authorities should explain what unlawful means were involved in the cases, saying that "on the surface", neither holding a primary election nor casting a vote was unlawful. He further said that he saw no way of how the arrestees could be convicted without the court interpreting the "ultimate motive as part of the [national security] bill", and opined that the national security law might need to be redrafted to more clearly reflect this interpretation.[26]

Pro-democracy camp[]

Pro-democracy camp reacts the mass arrests during conference

Democratic Party chairman Lo Kin-hei sharply criticised the arrests at a news conference, suggesting that the national security law was poised to become a "universal key" for the government which would lead to "white terror", adding that this was "exactly what the Hong Kong government wants to create".[27]

Civic Party chairman Alan Leong criticised the mass arrests as he could not see why those who promised to exercise their power to veto budgets – as outlined in the Basic Law – would be considered subversive. "We know that many in Hong Kong are very disappointed. But we appeal to the people of Hong Kong not to despair," Leong said. "We should insist on speaking the truth and living in truth. There will be light in the end of the dark tunnel, and every dark night will see the dawn. So, let us stand and fight."[28]

Three candidates for the pro-democracy primaries in exile, Nathan Law, Ted Hui, and Sunny Cheung issued a statement in the evening of 6 January, describing the mass arrest as another proof that the One country, two systems principle was lost under the authority of the Chinese Communist Party, and saw the wide spectrum of those arrested, covering almost the complete democratic camp, as clear indication that the goal of the action was to uproot it in its entirety.[29]

Mainland China[]

The Office for Safeguarding National Security and the Liaison Office of the Central People's Government both issued statements of firm support for the enforcement actions and singled out Benny Tai, with the liaison office spokesperson saying, "[We] believe that the general public can clearly see the evil intentions of Benny Tai and others, and the harm caused to Hong Kong society."[30]

Chinese Foreign Ministry spokeswoman Hua Chunying defended the arrests, saying that they were needed to stop "external forces and individuals [colluding] to undermine China's stability and security".[31]

United States[]

U.S. Secretary of State Mike Pompeo slammed the arrests as an "outrage" and said that the U.S. would "consider sanctions and other restrictions on any and all individuals and entities involved in executing this assault on the Hong Kong people."[32] Antony Blinken, US President-elect Joe Biden's pick for Secretary of State, said the arrests was "an assault on those bravely advocating for universal rights" launched by the Chinese authorities. "The Biden-Harris administration will stand with the people of Hong Kong and against Beijing's crackdown on democracy," he said.[15]

The U.S. imposed sanctions on six officials on 15 January including Hong Kong delegate to the National People’s Congress Standing Committee Tam Yiu-chung, vice-chairman of the Central Leading Group on Hong Kong and Macau Affairs You Quan, deputy director of the Office for Safeguarding National Security Sun Wenqing and three officials in the National Security Division of the Hong Kong Police Frederic Choi Chin-pang, Kelvin Kong Hok-lai and Andrew Kan Kai-yan, over the mass arrests.[33]

United Kingdom[]

British Foreign Secretary Dominic Raab called the arrests "a grievous attack on Hong Kong's rights and freedoms as protected under the Joint Declaration" and reiterated the UK’s offer to the British National (Overseas) passport holders to emigrate Britain.[34] "The UK will not turn our backs on the people of Hong Kong and will continue to offer BNOs the right to live and work in the UK," Raab said.[15]

The last British Governor of Hong Kong Chris Patten urged the European Union not to go ahead with the draft investment deal with China. "If this deal goes ahead it will make a mockery of Europe's ambitions to be taken seriously as a global political and economic player. It spits in the face of human rights and shows a delusional view of the Chinese Communist Party's trustworthiness on the international stage."[34]

European Union[]

The European Union called for the immediate release of the arrestees. "We are currently analysing the situation to see how we might need to react. There are other possibilities open to us, sanctions for example," the European Commission spokesperson Peter Stano said.[34] The German Foreign Ministry called the arrests "another milestone in a worrying development in recent months." The arrests confirmed fears that the security law "is leading to an erosion of civil liberties and the rule of law".[15]

The European Parliament on 21 January adopted a resolution by 597 votes in favor, 17 against and 61 abstentions on the deteriorating human rights situation in Hong Kong and urged EU countries to consider introducing sanctions against Hong Kong and Chinese officials including Carrie Lam, under the EU Human Rights Global Sanction Regime. The Parliament also regretted the EU's decision to enter the EU-China Comprehensive Agreement on Investment by risking its credibility as a global human rights actor.[35]

Taiwan[]

Taiwan President Tsai Ing-wen condemned the arrests and called on the world's democracies to speak out against China's political repression in the territory. She vowed that Taiwan will "continue to resolutely support a free Hong Kong and stand up for our shared democratic values." Taiwan's Foreign Minister Joseph Wu described the arrests in Hong Kong as a "deep shock to those who treasure freedom" and called on the world to "unite against authoritarianism."[36]

Japan[]

The government of Japan stated that it could not tolerate the mass arrests in Hong Kong, and would convey this position to China and join hands with foreign countries to deal with the Hong Kong issue. It continued to point out that after the implementation of the National Security Law, it had deep doubts about whether Hong Kong respects basic values such as freedom of speech and freedom of the press.[37] Ruling party LDP lawmaker Keisuke Suzuki said that the current situation in Hong Kong was serious and it was at a critical juncture. He emphasized that the international community must regard the actions of the Hong Kong government as a violation of international agreements. To describe the nature of the Chinese Communist Party is to deny universal values such as freedom, democracy and human rights.[38]

Others[]

Maya Wang of the Human Rights Watch issued a statement condemning the arrests, saying that "Beijing once again has failed to learn from its mistakes in Hong Kong: that repression generates resistance, and that millions of Hong Kong people will persist in their struggle for their right to vote and run for office in a democratically elected government."[39]

Bail hearings[]

On 28 February 2021, of the 55 pro-democracy figures initially arrested in January, 47 were officially charged with conspiracy to commit subversion under the national security law. They were denied bail and instead remained in detention before trial on 1 March, while Jeffrey Andrews, Lee Chi-yung, Kwong Chun-yu, James To, Michael Lau, Joseph Lee, Yuen Wai-kit and John Clancey were released on bail.[40][41][42] Pro-democracy group Power for Democracy which co-organised the primaries announced its disbandment a day earlier on 27 February.[43]

Day 1[]

Supporters of the activists gathered outside the West Kowloon Magistrates' Court on 1 March.
Police cordon extended to the north of Tonkin Street near the bus stop in Fu Cheong Estate, and many citizens were intercepted for stop and search
At 7 pm, a large number of citizens were in support of Tung Chau Street
Leo Yau, a lawyer representing the defendant, holding legal documents, entered the court and was refused by the police, and was then taken into a police car

The trial began on 1 March at the West Kowloon Magistrates' Court. About 1,000 supporters gathered at the court, most wearing black to express solidarity with the detainees, and some holding banners calling for the release of the "political prisoners" and chanting "Liberate Hong Kong, revolution of our times", "Fight for freedom, stand with Hong Kong" and "Five demands, not one less", slogans which were deemed illegal under the national security law, making it one of the largest rallies since the COVID-19 outbreak. Foreign diplomats joined the crowds queuing for one of the about 100 seats inside the courtroom. The police set up security lines around the court in the afternoon and forced demonstrators to disperse.[44]

Before the trial, director of the Hong Kong and Macau Affairs Office Xia Baolong singled out three pro-democracy activists charged with the national security law, Joshua Wong, Jimmy Lai and Benny Tai, saying they were "extremely wicked" and "must be severely punished for their illegal actions."[45] Hong Kong Free Press enquired with the Department of Justice about the department's position on the remarks of Xia, given its statements that comments from third parties on ongoing court proceedings were inappropriate. The department pointed to the words "in accordance with the law" which Xia had added; it refused to elaborate on the significance of this comment in this context, and on the question of whether anyone else would be able to legally use the formulation of Xia.[46]

The prosecution applied to postpone the hearing until 31 May as its investigations had not finished. Defence Senior Counsel Alan Leong questioned the police for "rushing" to press charges without finishing the investigations, some five weeks earlier than originally scheduled. Traditionally, Hong Kong's common law system put the onus on the prosecution to prove its case for objecting bail, but under the national security law the defendants instead needed to prove to the court that they would not be a national security threat if released on bail.[47] Due to the large number of defendants being trialed at the same time, the court had only managed to hear the bail applications of seven defendants by 10:30 p.m. The trial dragged on for close to 14 hours until almost 3 a.m., resulted in four defendants being hospitalised due to exhaustion. Leo Yau, one of the defence solicitors for nine of the defendants, was arrested by the police when he attempted to attempted to pass a police cordon to get into the courtroom.[48]

  • A large number of supporters inside and outside the court, raising the "Five Demands" hand gesture

  • Foreign representatives were there to wait in line for the court hearing

  • Grandma Wong, singer Tommy Yuen and district councilor Cheung Man-lung were in support at the scene

  • Cardinal Joseph Zen is waiting for the public gallery outside

  • People waiting for the number of the public gallery are as far away as Cheung Fat Street 400 meters away

  • Group of pro-Beijing protesters rally to support the police outside the court

  • Police officers raised the purple and blue flags to the citizens lining up outside the court building

  • Shortly after midnight there are still people left behind prison vans

Day 2[]

Supporters waving mobile phone flashlight to support the activists

The second day of the trial resumed late on the next morning, giving defendants little time to rest.[49] Defence lawyers voiced criticism of the court over defendants not being given the opportunity to shower or change clothes for four days since they were detained on 28 February.[50][51] One of the defendants, Lawrence Lau, 53, also a practicing barrister, apologised for not bathing for three days before addressing the court. He added: "When someone is stripped of their freedom, they are also stripped of their personal hygiene and appearance, which makes them lose confidence. I do not understand why I ended up in custody when I have been law-abiding my whole life." A defence counsel also told the court that his defendants had not been sent back to the Lai Chi Kok Reception Centre until nearly 7 a.m. on 2 March. "The defendants have to attend court hearings that started at 8 this morning [yesterday], which means they could only rest for at most two hours, causing them to be physically tormented," he said.[52] Amnesty International Hong Kong program manager Lam Cho Ming warned that an extended hearing "along with insufficient time to rest could potentially violate the right to a fair trial."[53] Chief magistrate Victor So called a halt to the second day of hearings at 10:36 p.m. on 2 March.[52]

Another defendant, Winnie Yu, 33, a nurse and chairwoman of the Hospital Authority Employees Alliance, was suspended from her duties by the Hong Kong Hospital Authority after she was prosecuted.[52]

  • Fewer people queued up for the public gallery to be called up than on the first day

  • Police officers on guard outside the court

  • Parents brought their children in the court to "send cars" to stay behind to support the arrested

  • Two citizens were stopped for investigation because they failed to show their press cards

  • Grandma Wong's solidarity outside the court

Day 3[]

Defendants Lam Cheuk-ting and Raymond Chan at the Lai Chi Kok Reception Centre before being sent to the court.

Eight defendants had not addressed the court regarding their bail applications in the more than 24-hour marathon hearing. On the third day on 3 March, 47 pro-democracy defendants have yet to submit their statements on bail. Before the trial started at 12 pm, the live broadcast system showed the problem of not being able to hear the conversation or voice in the court again, causing the family members to question the "secret interrogation." On the other hand, the live broadcasts in the press room and the auditorium both had problems with pictures and no sound, which caused the reporters on the spot to clamor. Barrister Margaret Ng said that the court has no way to control its own procedures. Do we still have judicial independence?" However, Kit Hung, the senior news director of the Judiciary, stated that no in-court voices will be played before the court session. This statement caused dissatisfaction with Figo Chan, the convener of Civil Human Rights Front.[54]

At the same time, four Civic Party defendants Alvin Yeung, Kwok Ka-ki, Jeremy Tam and Lee Yue-shun announced their resignations from the party, with Yeung resigning from the party. Barrister Alan Leong, chairman of the party, terminated his legal representation of the four.[55] Lam Cheuk-ting, Clarisse Yeung and Gwyneth Ho also told the court they had terminated the services of their legal representatives. Alvin Yeung said before addressing the court: "As a barrister, I would never have imagined that I would have to address the court in the docks. On March 2 five years ago, I was sworn in as a legislative councillor, fighting for Hongkongers, but five years later, I am fighting for my own freedom."[56] Chief Magistrate Victor So adjourned the third day proceedings at 8:30 p.m.[53]

Day 4[]

Supporters inside West Kowloon Magistrates' Courts light up their mobile phone lights
Hendrick Lui's foster mother ran to the basement hall of the court and knelt down and wept bitterly
Leung Kwok-hung's wife Chan Po-ying, Figo Chan, Lester Shum's wife Nicole Alexis Yu, and Eddie Chu's wife Au Pui-fun speaking to reporters in response of the court decision
Clarisse Yeung is being brought back to the hospital

All defendants finished their addresses to the court with proceedings deep into the fourth day on 4 March. Hundreds of people queued in the rain for entering the courthouse before the proceedings until nighttime, defying police warnings of violating the national security law.[47]

Some media outlets applied to the court for lifting reporting strict restrictions on the bail proceedings which could only report the name of the court and the magistrate of the case, the date and place of the proceedings, the name of the defendants and their legal representation, the offence they were charged of and the result of a proceedings.[57] The defence proposed a set of relaxed reporting rules, with Barrister David Ma saying that an open, fair and transparent trial was the "cornerstone of the rule of law", pointing out that freedom of speech and the press are respected under the national security law.[57] A representative of Senior Counsel Hectar Pun argued that "if the media cannot report on this open hearing, then it will undermine the principle of open justice."[57] Chief Magistrate Victor So refused the plea on the grounds that the general public or the press may not be able to determine whether a statement made in court fell under the scope of "legal argument," causing citizens to accidentally breach the restrictions, which would be "a bit dangerous for them".[57]

Chief Magistrate Victor So initially granted bail to 15 of the 47 defendants at around 8 p.m., but the decision was immediately appealed by the Department of Justice. The 32 remaining defendants were denied bail on grounds that they would be likely to continue to commit acts endangering national security, meaning they would have to be remain in detention until the trial begins on 31 May.[58] When the defendants left the court, the supporters who waited outside waved goodbye and thanked their lawyers. Some also chanted "Five demands, not one less", "Political prisoners are not guilty" and "Hongkonger won't die!"[59]

Four of the defendants Clarisse Yeung, Lawrence Lau, Hendrick Lui and Mike Lam were released on bail on the next day after prosecutors dropped the appeal.[60]

  • Police officers raised the purple flag after someone shouting slogans and singing was suspected of violating national security law

  • A large number of police officers are preparing to clear the scene outside the court

  • A large number of police officers pulled up the orange cordon tape and asked reporters and citizens to leave the pavement outside the court

  • TSW Connection member Lam Chun hugs a family of defendant

  • Police officers cordoned off outside Liberté, and someone was intercepted for investigation

  • Afterwards, the police pushed the line of defense to Cheung Lai Street

Day 5[]

The hearings on the case resumed on 31 May 2021. The court postponed further proceedings until 8 July. Until 28 June, defendants in the case will be presented with evidence and allowed to enter a plea, otherwise, their case will be moved to the High Court, where some analysts say, could consider harsher sentences than lower courts.[4][61]

Day 6[]

The hearings of the case resumed on 8 July 2021. Judge Victor So in the West Kowloon Court ruled that the defendants would return to court on 23 September, following a request by prosecution, which had asked for more time to prepare the case;[5] it sought to transfer it to a higher court with powers to order longer jail sentences.[62]

Day 7[]

(will be held on 23 September)

Bail appeals[]

March[]

Helena Wong leaving the court after she was released on bail

On 11 March, High Court judge Esther Toh rejected the appeal by the Department of Justice against Chief Magistrate Victor So's decision to grant bail to former Democratic Party legislator Helena Wong, but approved the appeal against Yuen Long District Councillor Ng Kin-wai's bail.[63] After release, Wong reunited with her husband and said: "I was really calm while I was in custody, as I know I did nothing wrong, but the bail hearing was really tiring in the first few days."[64] Of the 21 defendants presented to the courts on the next day on 12 March, judge Victor So, who was the magistrate who granted the appeals in the first place, rejected 11 appeal applications, while the ten remaining defendants withdrew their applications.[65] On 13 March, Tat Cheng, Michael Pang and Ricky Or were granted bail by High Court judge Esther Toh, while Jeremy Tam and Kwok Ka-ki were denied bail.[66] High Court judge Esther Toh approved bail for Kalvin Ho, Sze Tak-loy and Lee Yue-shun on 14 March, but denied the bail application of Sam Cheung.[67] On 29 March, Toh adjourned the bail applications of Jimmy Sham and Claudia Mo to a later date but denied bail to veteran politician and activist Leung Kwok-hung.[68] On 31 March, the bail application for Ben Chung was denied by Toh, partly on the grounds that his seeking of crowdfunding, alleged to be part of a money laundering scheme, had given him a pivotal role in the now-defunct organization Power for Democracy.[69]

April[]

On 12 April, High Court judge Esther Toh granted bail to Clarisse Yeung, Mike Lam King-nam, and upheld the release on bail of Tat Cheng and Helena Wong, but denied bail to Jimmy Sham.[70] On 14 April, Toh denied bail to former lawmaker Claudia Mo.[71] On 22 April, Toh upheld her decision to deny bail to opposition former lawmaker Jeremy Tam after she said that Tam had signed a letter in September 2019 supporting the Hong Kong Human Rights and Democracy Act.[72]

May[]

On 7 May 2021, High Court judge Esther Toh granted an emergency bail application for Wu Chi-wai to attend his 92-year-old's father funeral after the correctional department's denial of his initial request sparked wide criticism.[73] On 13 May, Toh upheld her decision to deny bail to Social Democrats, Leung Kwok-hung and Jimmy Sham. Toh said of Leung that he was resolute in his position against the government and the national security law and that his risk of reoffending was high due to international support. As for Sham, Toh argued that he was a "determined and resolute young man" who had vowed to continue to push for the government to give in to the protesters five demands and that he was at risk of reoffending if granted bail.[74][75] A court judgment released on 28 May revealed that Claudia Mo had her bail denied due to her international influence, citing her past interviews along with her WhatsApp chats with journalists from Wall Street Journal, New York Times, and the BBC. The chats had been found on Mo's phone, which had been seized at her arrest. In her decision, the judge made reference to the higher threshold for bail in national security cases.[76] At the same time, former opposition lawmaker Andrew Wan had his bail denied, citing content on his computer that advocated for Hong Kong independence, and the formation of a group which called for international sanctions against Hong Kong officials who allegedly permitted "excessive police violence".[77] This, the court argued, demonstrated a "persistent and strong devotion" to the agenda of subversion and secession.[78]

June[]

Owen Chow leaving the court after he was released on bail

On 1 June 2021, the bail application for Ben Chung, Gordon Ng, Henry Wong, Andrew Chiu, Nathan Lau, Gary Fan and Winnie Yu, were all denied. Raymond Chan and Carol Ng had withdrawn their bail applications earlier.[79][80] On 22 June, activist Owen Chow was release on bail, after his bail application being granted by High Court judge Esther Toh.[81] The reason of Chow's release that he does not seeking Hong Kong independence and he is still finishing his nursing degree.[82]

July[]

On 28 July 2021, activist and nurse Winnie Yu was released on bail, after her bail application being granted by High Court judge Esther Toh.[83][84] The reason for Yu's release was she has no international connection and her ultimate objective was to enter LegCo.

August[]

On 23 August 2021, High Court judge Esther Toh denied bail to former district councillor Roy Tam.[85]

September[]

On 1 September 2021, High Court judge Esther Toh denied bail to former district councillor Henry Wong.[86] On 8 September, activist Gwyneth Ho decided to withdraw her bail application, after Toh rejected Ho's request to lift the reporting restrictions. Her original barrister, Chow Hang-tung, had been re-arrested that day, and she was represented by barrister Douglas Kwok.[87][88] On 16 September, former opposition lawmaker Raymond Chan released on bail, after his bail application granted by High Court judge Esther Toh.[89]

Summary[]

14 defendants are granted bail by court (Tat Cheng, Michael Pang, Kalvin Ho, Helena Wong, Sze Tak-loy, Ricky Or, Lee Yue-shun, Clarisse Yeung, Lawrence Lau, Hendrick Lui, Mike Lam, Owen Chow, Winnie Yu, Raymond Chan). 8 were arrested but not charged with bail approved by police (John Clancey, Joseph Lee, Yuen Wai-kit, Michael Lau, Roy Kwong, James To, Lee Chi-yung, Jeffrey Andrews). Other arrested pro-democracy primary candidates are currently remanded in custody.

See also[]

References[]

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