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‘Hong Kong Alliance’ found guilty of inciting subversion; verdict clarifies boundaries between free speech and national security_我的网站

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West Kowloon Law Courts Building in Hong Kong Photo: VCG
The anti-China group "Hong Kong Alliance in Support of Patriotic Democratic Movements of China", along with its former chairman and vice-chairpersons Lee Cheuk-yan, Albert Ho Chun-yan and Chow Hang-tung, were charged with inciting others to subvert state power and have been remanded in custody since then. The local court in Hong Kong found two defendants guilty on Friday, and Ho pleaded guilty before the trial began, local media reported.
The central government's office for safeguarding national security in the Hong Kong Special Administrative Region (HKSAR) voiced support for the court's lawful prosecution on Friday, saying that the verdict demonstrates the spirit of the rule of law and upholds the authority of the National Security Law (NSL) for Hong Kong.
The HKSAR government also welcomed the court's guilty verdict. HKSAR Chief Executive John Lee Ka-chiu said that for a long time, the Hong Kong Alliance had deliberately sown seeds of hatred toward the Communist Party of China (CPC) and the central government in Hong Kong society. Through various means, it sought to incite feelings of dislike and hatred toward the CPC and the central government among members of the public, and to encourage the public to subvert state power, RTHK reported.
The defendants' long-standing conduct endangered national security, and their plot was plainly evident and had to be punished, Lee said.
Inciting subversion of state power is an extremely serious offense, he said. The HKSAR government has a responsibility to safeguard national security and will resolutely prevent, stop and punish acts and activities that endanger national security, Lee noted.
In this case, the local court in Hong Kong clearly set out how Hong Kong courts understand and apply the provisions of the Chinese Constitution. The ruling will also serve as a legal principle and precedent, providing an important reference for future cases. It is consistent with legal principles and carries legal force, some legal experts said.
Looking back at the case, the prosecution and defense engaged in intense legal arguments over the boundaries between freedom of expression and national security, with the core dispute going to the constitutional and legal limits under the "One Country, Two Systems" framework, Willy Fu, a law professor who is also the director of the Chinese Association of Hong Kong & Macao Studies, told the Global Times on Friday.
In its closing submissions, the prosecution argued that the defendants' long-standing slogan of "ending one-party rule" was not merely a political advocacy campaign, but was essentially aimed at rejecting the leadership of the CPC and attempting to subvert the fundamental system of the state, Fu continued.
Such conduct, the prosecution argued, went far beyond the scope of freedom of expression protected by the Basic Law and the NSL for Hong Kong, and constituted an objective act of inciting subversion of state power through "unlawful means," Fu said.
In this case, the local court in Hong Kong clearly set out the Hong Kong courts' understanding and application of the provisions of the Chinese Constitution. The ruling will also serve as a legal principle and precedent, providing an important reference for future cases. It is consistent with legal principles and carries legal force, Chu Kar-kin, a veteran commentator based in the HKSAR and member of the Chinese Association of Hong Kong and Macao Studies, told the Global Times on Friday.
Hong Kong judges likewise need to receive comprehensive and systematic education on China's national Constitution, Chu said.
The Constitution is the fundamental law of the state and the most important component of the constitutional order of the HKSAR. The core of the constitutional order of the state is the establishment of the CPC's position as the governing party. The Preamble to the Constitution makes it clear that the leadership by the CPC is the core and foundation of the constitutional order of the PRC, a spokesperson from the HKSAR government said on Friday.
The HKSAR is an inalienable part of the PRC. The state provides the fundamental guarantee for the prosperity and development of Hong Kong, and the highest principle of "One Country, Two Systems" is to safeguard national sovereignty, security and development interests, the spokesperson said.
The HKSAR Government will resolutely safeguard the fundamental system of the state established by the Constitution and the security of state power, and will, in strict accordance with the principle of the rule of law, prevent, suppress and punish acts and activities endangering national security with full force and in accordance with the law, the spokesperson added.
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