Source: Hong Kong Government special administrative region
Court of First Instance delivers verdict of conviction in incitement to subversion case of “Hong Kong Alliance”
The verdict handed down by the court is forceful and compelling, as well as well-reasoned and sound, detailing the analysis of the legal principles and evidence of the case, as well as the considerations for conviction. The court emphasised that the defendants were put on trial not because of their political views or beliefs. The court would only consider the laws and evidence relevant to the case to decide whether the prosecution is able to prove the charge beyond reasonable doubt. “Other unlawful means” referred to in the offence of “subversion” under Article 22 of the HKNSL includes an act in breach of the provisions of the Constitution with a view to overthrowing or undermining the fundamental system of the PRC. When ordinary reasonable persons received the messages of the Alliance and other defendants, they must have understood that the aim of their agendas was to end the leadership by the CPC, and that other people were being encouraged to put the agendas into action.
The court pointed out that the defendants had all along been hostile towards the CPC and the Central Government under its leadership, and adhered to the course of resisting the Central Government and refusing to make any compromise. After the implementation of the HKNSL, the defendants refused to pull back from the brink and were bent on embracing the resistance line of the Alliance to the very end. Even though the defendants knew that what they had said and done might have already gone beyond the scope of lawful freedom of expression, they paid no regard to it. The defendants intended to cause others to lose confidence in the CPC by stirring up hostility and causing division, so as to achieve the objective of undermining the fundamental system of the PRC.
The Chief Executive, Mr John Lee, said, “The Alliance had long been deliberately planting seeds of hatred against the CPC and the Central Government in the Hong Kong society, attempting to incite disaffection, hatred and other sentiments among members of the public against the CPC and the Central Government through various means, and inciting people to subvert state power. The acts of the defendants over a long period of time endangered national security; their conspiracy was abundantly clear, which must be brought to justice.
“Incitement to subversion is an extremely serious offence. The HKSAR Government has the responsibility to safeguard national security, and will resolutely prevent, suppress and punish acts and activities endangering national security. This case once again demonstrates that no matter how offenders disguise their real agendas with sophistry and rhetoric, as long as they commit an offence endangering national security, the HKSAR Government will ensure that laws are observed and strictly enforced to bring the offenders to account.”
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 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.
Issued at HKT 14:42
NNNN