National Security Trial of Tiananmen Vigil Activists in Hong Kong

The national security trial of Lee Cheuk-yan and Chow Hang-tung, former leaders of the now-disbanded Hong Kong Alliance in Support of Patriotic Democratic Movements of China, is currently underway. Both activists face charges of "inciting subversion" under the national security law imposed by Beijing, which carries a maximum penalty of 10 years in prison. The trial, which is expected to last for 75 days, has drawn significant attention due to its implications for political freedoms in Hong Kong.

Tiananmen vigil activists ignored Beijing’s warning, HK court hearsHK Tiananmen vigil trial: Police officer defends blocking 2020 vigilDefence argues Tiananmen vigil activists’ actions ‘lawful’ exercise of rights

During the trial, Superintendent Chow Wing-yee testified for the prosecution, stating that her opposition to the planned candlelight vigil on June 4, 2020, was based on public health concerns amid the Covid-19 pandemic. Chow emphasized that her understanding of national security included public safety and health, although she acknowledged that her decision was not influenced by the Alliance's political demands. This marked the first time in three decades that the vigil, which commemorates the 1989 Tiananmen Square crackdown, was banned.

HK Tiananmen vigil trial: Police officer defends blocking 2020 vigilTiananmen vigil activists ignored Beijing’s warning, HK court hearsDefence argues Tiananmen vigil activists’ actions ‘lawful’ exercise of rights

Defence lawyer Erik Shum argued that the Alliance's advocacy for democracy and an end to one-party rule was a lawful exercise of fundamental human rights. He contended that the group's intentions were not to overthrow the Communist Party of China but to promote democratic reforms. Shum highlighted that the Alliance's objectives had remained consistent since its inception, despite the changes brought about by the national security law and constitutional amendments in 2018.

Defence argues Tiananmen vigil activists’ actions ‘lawful’ exercise of rights

The Hong Kong Alliance organized annual vigils for over 30 years to honor the victims of the Tiananmen Square crackdown, where hundreds, if not thousands, were killed. The vigils were a significant expression of dissent against the Chinese government's suppression of political freedoms. However, in 2020, the Hong Kong government banned the vigil citing public health reasons, and the Alliance subsequently disbanded in 2021 after further crackdowns on its leadership.

Tiananmen vigil activists ignored Beijing’s warning, HK court hears

The prosecution has argued that the Alliance's calls for an end to one-party rule violate the Chinese constitution, which enshrines the leadership of the Communist Party as a defining feature of the state. Judge Alex Lee, presiding over the case, noted that the legality of the Alliance's advocacy had changed following the implementation of the national security law.

HK Tiananmen vigil trial: Police officer defends blocking 2020 vigil

Critics of the trial argue that it represents a broader crackdown on dissent in Hong Kong and undermines the city's historical role as a bastion of free expression. The defence maintains that the charges against Lee and Chow are politically motivated and aim to stifle legitimate calls for democracy.

Defence argues Tiananmen vigil activists’ actions ‘lawful’ exercise of rights

There are discrepancies regarding the extent of the Alliance's political advocacy and its implications under the national security law. While the prosecution claims that the group's activities have become unlawful, the defence argues that their objectives have not changed and remain within the bounds of legal political expression.

HK Tiananmen vigil trial: Police officer defends blocking 2020 vigil

The trial is set to continue with further testimonies and cross-examinations. The defence plans to submit written arguments asserting that the charges against the defendants should be quashed, as they contend there is no case to answer.

Tiananmen vigil activists ignored Beijing’s warning, HK court hears

• “At that time, I considered public safety and public health as parts of national security,” — Chow Wing-yee, Superintendent

HK Tiananmen vigil trial: Police officer defends blocking 2020 vigil

• “We have carried on advocating for the five operational goals for 32 years, and we shall continue to do so,” — Lee Cheuk-yan, Activist

Tiananmen vigil activists ignored Beijing’s warning, HK court hears

• “Concerning the abolition of one-party dictatorship and whether it is equivalent to ending the Communist Party’s leadership, there are lawful means to achieve that,” — Erik Shum, Defence Lawyer

Defence argues Tiananmen vigil activists’ actions ‘lawful’ exercise of rights

• “Even though something was permitted before, it does not mean it is still so after 2018 or after 2020, when the national security law took effect.” — Judge Alex Lee

HK Tiananmen vigil trial: Police officer defends blocking 2020 vigil