Hong Kong’s democracy leaders convicted: Who are they? What does this mean for the region?

A Hong Kong court on 30 May, Thursday, convicted 14 prominent pro-democracy activists in the largest national security case since the introduction of a sweeping security law by Beijing in 2020.

Among those found guilty are former lawmakers Leung Kwok-hung, Lam Cheuk-ting, Helena Wong, and Raymond Chan. The defendants face potential life sentences upon their sentencing, which will occur at a later date. Two defendants, former district councilors Lee Yue-shun and Lawrence Lau, were acquitted.

These individuals were part of a group of 47 democracy advocates prosecuted in 2021 for their involvement in an unofficial primary election. Prosecutors argued that their actions were aimed at paralysing the Hong Kong government and toppling its leader by securing a legislative majority necessary to veto budgets indiscriminately.

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In a summary of the verdict, the court stated that the defendants intended to use their legislative power to veto budgets, which would compel the chief executive to dissolve the legislature and eventually step down. This was seen as a severe interference in the duties of the Hong Kong government.

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Leung Kwok-hung, the oldest defendant at 68, along with other activists such as Owen Chow and Gwyneth Ho, appeared somber as the verdicts were delivered in a packed courtroom, reported Reuters.

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What does the controversial law say?

In 2020, Hong Kong underwent significant changes following the implementation of China’s controversial national security law (NSL). This law, a response to the protests in Hong Kong the year prior, expanded the scope of prohibited dissenting activities while diminishing the city's autonomy .

Beijing and local authorities assert that the law is crucial for maintaining stability and deny that it has eroded autonomy. However, critics argue that it marks “the end of Hong Kong” and has instilled a climate of fear in the city.

The NSL criminalises acts of secession (breaking away from China), subversion (undermining the central government’s power or authority), terrorism (using violence or intimidation against people), and collusion with foreign or external forces.

These offenses carry a maximum penalty of life imprisonment. Additionally,

• The law allows for certain cases to be tried in mainland China,

• establishes a national security commission in Hong Kong with a Beijing-appointed adviser,

• gives Beijing authority over the law’s interpretation,

• prioritises Beijing law over conflicting Hong Kong laws,

• permits some trials to be held behind closed doors,

• allows for wiretapping and surveillance of suspected individuals,

• strengthens oversight of foreign non-governmental organisations and news agencies,

• considers damaging public transport facilities as terrorism,

• prohibits those convicted under the NSL from running for public office,

• allows for fines against companies found guilty under the law,

• and extends the law’s jurisdiction to non-permanent residents and individuals from outside Hong Kong who are not permanent residents.

Since the law’s enactment, Hong Kong has witnessed numerous arrests of protesters, activists, and former opposition lawmakers. The law has been widely criticised for eroding the freedoms promised to Hong Kong when it was handed back to China by Britain in 1997.

How has the law been used?

In July 2023, Hong Kong authorities disclosed that approximately 260 individuals had been arrested, with 79 of them facing charges. The trial of the Hong Kong 47 represents the largest national security case to date. Several pro-democracy news outlets, including defendant Jimmy Lai’s Apple Daily, have ceased operations.

The NSL has prompted tens of thousands of Hongkongers to leave the city, with many relocating to the UK under a special visa program introduced by the British government.

However, even those who have left are not beyond the NSL’s reach, as evidenced by Hong Kong police issuing NSL arrest warrants and offering rewards for individuals now residing overseas, such as activist Nathan Law

The case against the 47 activists is rooted in the NSL.

Who are the 47 activists?

The activists in the current case were prosecuted for their involvement in an unofficial primary election in June 2020, which aimed to select the strongest pro-democracy candidates for a legislative election.

The primary drew 610,000 voters, representing over 13 per cent of Hong Kong’s registered electorate. The government later postponed the legislative election, citing the COVID-19 pandemic, and subsequently overhauled electoral laws to reduce the public’s voting power and increase the number of pro-Beijing lawmakers.

Initially 55 were arrested, but eight of them were not charged:

2. Benny Tai Yiu-ting (56) - Associate Law Professor - Pleaded guilty

3. Au Nok-hin (33) - Member of Legislative Council - Pleaded guilty

4. Andrew Chiu Ka-yin (35) - Vice chairman of Eastern District Council, Convenor of Power for Democracy - Pleaded guilty

5. Ben Chung Kam-lun (32) - Chairman of Sai Kung District Council, Deputy convenor of Power for Democracy - Pleaded guilty

6. John Clancey (79) - Treasurer of Power for Democracy - Not charged

7. Gordon Ng Ching-hang (42) - Activist - Pleaded not guilty

8. Tiffany Yuen Ka-wai (27) - Member of Southern District Council - Pleaded guilty

9. Fergus Leung Fong-wai (23) - Member of Central and Western District Council - Pleaded guilty

10. Tat Cheng Tat-hung (32) - Member of Eastern District Council - Pleaded not guilty

11. Andy Chui Chi-kin (53–54) - Member of Eastern District Council - Pleaded guilty

12. Clarisse Yeung Suet-ying (34) - Chairman of Wan Chai District Council - Pleaded not guilty

13. Michael Pang Cheuk-kei (26) - Member of Southern District Council - Pleaded not guilty

14. Jimmy Sham Tsz-kit (33) - Member of Sha Tin District Council, Convenor of Civil Human Rights Front - Pleaded guilty

15. Claudia Mo Man-ching (64) - Member of Legislative Council - Pleaded guilty

16. Kalvin Ho Kai-ming (32) - Member of Sham Shui Po District Council, Vice Chairman of Hong Kong Association for Democracy and People’s Livelihood - Pleaded not guilty

17. Frankie Fung Tat-chun (25) - Convenor of Peninsular Commons - Pleaded guilty

18. Lawrence Lau Wai-chung (53) - Member of Sham Shui Po District Council, Barrister and former magistrate - Pleaded not guilty

19. Helena Wong Pik-wan (61) - Member of Legislative Council - Pleaded not guilty

20. Nathan Lau Chak-fung (24) - Activist - Pleaded guilty

21. Joshua Wong Chi-fung (24) - Secretary general of Demosistō - Pleaded guilty

22. Jeremy Jansen Tam Man-ho (45) - Member of Legislative Council - Pleaded guilty

23. Kinda Li Ka-tat (29–30) - Member of Kwun Tong District Council - Pleaded guilty

24. Tam Tak-chi (48) - Vice chairman of People Power - Pleaded guilty

25. Wu Chi-wai (58) - Member of Legislative Council, Chairman of Democratic Party - Pleaded guilty

26. Sze Tak-loy (38) - Member of Wong Tai Sin District Council, Chairman of Hong Kong Association for Democracy and People’s Livelihood - Pleaded not guilty

27. Eddie Chu Hoi-dick (43) - Member of Legislative Council - Pleaded guilty

28. Sam Cheung Ho-sum (27) - Member of Tuen Mun District Council - Pleaded guilty

29. Prince Wong Ji-yuet (23) - Spokesperson of Scholarism - Pleaded guilty

30. Ng Kin-wai (25) - Member of Yuen Long District Council - Pleaded guilty

31. Andrew Wan Siu-kin (51) - Member of Legislative Council, Member of Kwai Tsing District Council - Pleaded guilty

32. Kwok Ka-ki (59) - Member of Legislative Council - Pleaded guilty

33. Carol Ng Man-yee (50) - Chairwoman of Hong Kong Confederation of Trade Unions - Pleaded guilty

34. Roy Tam Hoi-pong (40) - Member of Tsuen Wan District Council - Pleaded guilty

35. Gwyneth Ho Kwai-lam (30) - Former journalist for Stand News - Pleaded not guilty

36. Ventus Lau Wing-hong (27) - Activist - Pleaded guilty

37. Alvin Yeung Ngok-kiu (39) - Member of Legislative Council, Leader of the Civic Party - Pleaded guilty

38. Raymond Chan Chi-chuen (48) - Member of Legislative Council, Chairman of People Power - Pleaded not guilty

39. Owen Chow Ka-shing (24) - Activist - Pleaded not guilty

40. Lam Cheuk-ting (43) - Member of Legislative Council, Member of North District Council - Pleaded not guilty

41. Gary Fan Kwok-wai (54) - Member of Legislative Council - Pleaded guilty

42. Hendrick Lui Chi-hang (37–38) - Social worker - Pleaded guilty

43. Leung Kwok-hung (64) - Member of Legislative Council - Pleaded not guilty

44. Mike Lam King-nam (32) - Founder of retail chain AbouThai - Pleaded guilty

45. Ricky Or Yiu-lam (49) - Member of Sai Kung District Council - Pleaded not guilty

46. Roy Kwong Chun-yu (38) - Member of Legislative Council, Member of Yuen Long District Council - Not charged

47. Lester Shum Ngo-fai (27) - Member of Tsuen Wan District Council - Pleaded guilty

48. Henry Wong Pak-yu (30) - Member of Yuen Long District Council - Pleaded guilty

49. James To Kun-sun (57) - Member of Legislative Council, Member of Yau Tsim Mong District Council - Not charged

50. Lee Yue-shun (27) - Member of Eastern District Council - Pleaded not guilty

51. Winnie Yu Wai-ming (33) - Chairperson of Hospital Authority Employees Alliance - Pleaded not guilty

52. Michael Felix Lau Hoi-man (36–37) - Officer of Hong Kong Allied Health Professionals and Nurse Association - Not charged

53. Joseph Lee Kok-long (61) - Member of Legislative Council - Not charged

54. Yuen Wai-kit (42–43) - Principal of the School of Nursing of the Union Hospital - Not charged

55. William Liu Wai-lim (34) - Engineer - Pleaded guilty

56. Bryan Leung Kai-hay (40) - Sales manager - Pleaded guilty

What will the impact of the conviction be?

The convictions have significant implications for Hong Kong’s political landscape and its reputation as a global financial hub. The US and other countries have criticised the trial as politically motivated and have called for the immediate release of the accused. Diplomats from several countries, including the US and the European Union, attended the hearing.

“This unprecedented mass conviction is the most ruthless illustration yet of how Hong Kong’s national security law is weaponised to silence dissent,” said Sarah Brooks, Amnesty International’s China director, in a statement. “It represents a near-total purge of the political opposition.”

Observers note that the case illustrates how the national security law is used to suppress political opposition. The law has also led to the closure of liberal media outlets and NGOs, significantly reducing public dissent and freedom of expression in Hong Kong.

The trial has drawn international attention, with diplomats from the US, Australia, and Britain attending the hearings. Supporters of the convicted activists, including social worker Stanley Chang and former Democratic Party chairperson Emily Lau, expressed their sadness and support for the defendants, reported AP.

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Leung Kwok-hung’s wife, Chan Po-ying, leader of the pro-democracy political party League of Social Democrats, was arrested at the court along with three other LSD members. They attempted to raise a yellow banner in protest but were stopped by police and escorted away.

The verdicts are expected to have a chilling effect on Hong Kong’s pro-democracy movement and civil society. Legal expert Albert Chen Hung-yee told SCMP that the national security law introduces new elements to colonial-era sedition laws, creating a higher threshold for prosecution and potentially leading to further suppression of dissent.

With inputs from agencies