GP Short Notes

GP Short Notes # 905, 6 June 2024

China: A Hong Kong trial finds 14 people guilty of subversion
Akhil Ajith

In the news
On 30 May, a Hong Kong court found 14 people guilty of subversion. Chinese Ministry of Foreign Affairs spokesperson Hua Chunying defended the arrests, saying they were essential to stop "external forces and individuals (colluding) to undermine China's stability and security."

Issues at large
First, a background to China's National Security Law in Hong Kong. It was introduced in Hong Kong on 30 June 2020 in response to the pro-democracy protests in 2019. The law criminalizes anything considered as secession or breaking away from China; subversion or undermining the authority of the central government; terrorism or violence and intimidation against people; and collusion with foreign or external forces. The legislation allows for closed-door trials and gives the police the right to detain suspects for up to 16 days without charge. It bans the operations of organizations and companies operating in Hong Kong from aiding "foreign forces." Article 23 expands on the Beijing-imposed National Security Law, which criminalizes secession, subversion, terrorism, and collusion with foreign forces. The law introduces mainland China's definition of "state secrets," which covers economic, social, technological, and scientific developments.

Second, a brief background to new laws, protests and arrests in Hong Kong. In 2003, the Hong Kong government proposed national security legislation prohibiting treason, secession, and subversion against the Chinese government. However, it was repealed following widespread protests. In 2014, the Chinese government proposed a framework for universal suffrage, allowing Hong Kongers to vote for the city's chief executive. However, the vote included only a Beijing-approved short list of candidates. This led to massive movements known as the "Umbrella Movement." In June 2020, the protests intensified when the national security law was introduced. The protesters included the pro-democratic blocs comprising the Civic Party, Neo Democrats, Civic Passion, and Demosisto Party. In January 2021, 55 protesters, former legislators, and social workers were arrested by the Hong Kong Police Force under the National Security Law. The Hong Kong government revealed that they have arrested around 260 people, with 79 being charged until July 2023. 

Third, a brief background to the trial. It began in March 2021; the panel appointed by the Hong Kong administration charged the above for committing a national security offence of "conspiracy to subvert state power" by holding unofficial election primaries in 2020. The trial continued for ten months and ended on 4 December 2023. Among the guilty are former lawmakers and activists, including the politician Helena Wong, the veteran campaigner Leung Kwok-hung, the journalist Gwyneth Ho, and the Hong Kong-Australian dual national Gordon Ng. The trial was seen as politically motivated by the Chinese Communist Party (CCP). Alan Leong, representing the defence, questioned the police for "rushing to press charges" before finishing the investigations. Hong Kong's common law system puts the onus on the prosecution to secure a bail. However, under national security law, the responsibility is on the defendant. Besides, the access to the live broadcasting of the court proceedings is being denied to the public and the media.

In perspective
First, the end of China's pledge to preserve Hong Kong's political and economic identity. Beijing said that it would give Hong Kong 50 years to keep its capitalist system and enjoy freedoms not present on the mainland. The introduction of NSL and crackdown on political dissents have reduced the vibrancy of one country and two systems. 

Second, implications for Hong Kong's financial status. Relatively low taxes, a highly developed financial system, light regulation, and other capitalist features have made Hong Kong one of the world's most attractive markets and set it apart from mainland financial hubs such as Shanghai and Shenzhen. Many multinational firms and banks have headquarters in Hong Kong, which acts as a gateway to mainland China. However, the introduction of national security law, Article 23, and other anti-espionage laws have led to voicing concerns by some companies on illegal arrests and detention without trial.

Other GP Short Notes


Click below links for year wise archive
2022 | 2021 | 2020 | 2019 | 2018