“Inciting subversion” trial unlikely to commence before November 2024

On 4 March 2023, a Hong Kong government-designated national security judge at the West Kowloon Magistrates’ Court convicted woman human rights defender Chow Hang-tung and two other leaders of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China (the Hong Kong Alliance) for refusing to comply with the Hong Kong police’s request in August 2021 demanding disclosure of extensive information about its funding, activities, Board members, executives, and staff.

Sentencing is scheduled on 11 March 2023. The woman human rights defender and the two other Alliance leaders face up to six months in jail and a HKD100,000 fine (approximately EUR 11,919). Chow Hang-tung is also being prosecuted for “inciting subversion of State power” under the National Security Law in a separate case.

The police’s request for information was based on what it claimed were “reasonable grounds” for believing the Alliance was a “foreign agent”, and was issued under the Implementation Rules for Article 43 of the National Security Law in Hong Kong, which grant expansive investigative powers to the police. However, during the trial, the prosecution concealed the identity of the foreign organisation for which it accused the Alliance of acting as a “foreign agent”, and a key police officer who testified also refused to answer questions regarding the identity of the foreign organisation. The judge also sided with the prosecution’s and the police’s argument that disclosure of such information would damage “the public interest” and “jeopardise on-going investigations” into other individuals and organisations.

Chow Hang-tung (鄒幸彤) is a barrister and woman human rights defender in Hong Kong. At the time of her arrest on 8 September 2021 for refusing to provide data to the police, she was one of the vice-chairs of the Hong Kong Alliance. On 24 September 2021, as a result of the prosecution of the Alliance’s leaders and high risks of further prosecution, members of the Alliance voted to dissolve the organisation. On 26 October 2021, while the liquidation process for the Alliance was still on-going, then Hong Kong Chief Executive Carrie Lam issued an order for the Alliance be removed from the Companies Register on the basis that "the operation of the Alliance which seeks to end the Chinese Communist Party's leadership amounts to seeking to overthrow" the political system of the People's Republic of China and subverting state power.”

In his ruling, the national security judge also affirmed that the National Security Law itself as well as the decisions and actions of the National Security Committee, a new body created under the National Security Law, cannot be challenged in local court. The National S ecurity Committee, chaired by Hong Kong’s chief executive and supervised by the central Chinese government in Beijing, was responsible for developing the Implementation Rules for Article 43 of the National Security Law.

UN human rights experts have repeatedly raised concerns that the National Security Law and its Implementation Rules for Article 43 pose serious risks to the right to defend human rights and to freedom of expression, freedom of association, privacy, and a fair trial.

In September 2021, UN Special Procedures mandate-holders wrote to the Chinese and Hong Kong authorities about the detention of Chow Hang-tung. The experts said that detention and arrests of human rights defenders “form part of a broader operation to impose undue restrictions on the freedom of expression and peaceful assembly of pro-democracy movements in Hong Kong” and that such “a criminalisation of the exercise of human rights with reference to national security is incompatible with international human rights law.”

In July 2022, the UN Human Rights Committee, in its concluding observations on the implementation by the Hong Kong government of the International Covenant on Civil and Political Rights (ICCPR), expressed concerns about the arbitrary arrests and detention of human rights defenders under the National Security Law and sedition law, calling for the suspension of enforcement of these laws and for their reform or repeal. The Committee stated that “Article 43(6) of the National Security Law and Schedule 6 of the Implementation Rules, which facilitate arbitrary intrusion into privacy for the purpose of public security or national security, are not compatible with article 17 of the Covenant.”

In February 2023, the UN Committee on Economic, Social and Cultural Rights also criticised the use of the National Security Law to target human rights defenders in Hong Kong, and was concerned that the law “has de facto abolished the independence of the judiciary.” It has called for a review of the Law to bring it into line with international human rights standards.

Front Line Defenders believes the arrest and subsequent prosecution of Chow Hang-tung and other Alliance members under the National Security Law are reprisals against their legitimate and peaceful human rights work. Both the substantive and procedural inconsistencies with international human rights standards seen in this case illustrate the intention and capacity of the Hong Kong authorities to use the National Security Law and its Implementation Rules to punish and intimidate human rights defenders and organisations and deter them from communicating or collaborating with or receiving support from international partners, other governments, and UN human rights mechanisms.

Front Line Defenders calls on the Hong Kong authorities to quash the conviction against Chow Hang-tung and the other Alliance leaders, release them immediately, and drop the other criminal charges against them. It reiterates its call on the central Chinese government to repeal the National Security Law and its Implementation Rules in Hong Kong.

On 26 October 2021, Hong Kong Chief Executive Carrie Lam ordered that the Hong Kong Alliance be removed from the Companies Register on the basis that "the operation of the Alliance which seeks to end the Chinese Communist Party's leadership amounts to seeking to overthrow" the political system of the People's Republic of China and subverting state power. The Alliance's five operational goals were: freeing pro-democracy activists; rehabilitating the 1989 pro-democracy movement; holding perpetrators accountable for the 1989 Tiananmen massacre; ending one-party dictatorship; and building a democratic China.

On 24 September 2021, members of the Alliance had already voted to dissolve the organisation and the liquidation process has been on-going. A former leader of the Alliance who is in charge of liquidation said the Chief Executive's order is difficult to understand, regrettable, and unnecessary, stating further that the Alliance disagrees with and does not accept the government's conclusion that the Alliance's goals and its operations endangered national security, public safety and public order.

On 24 September 2021, vice chairperson of the Hong Kong Alliance Chow Hang-tung appeared before the West Kowloon Magistrates Court for her second bail review hearing. The judge denied her bail on the same basis as the last review, that he has "insufficient ground for believing she would not continue to commit acts endangering national security." The woman human rights defender's next bail review is scheduled for 30 September 2021 at the same court.

On 25 September 2021, at an extraordinary General Meeting, the Hong Kong Alliance's member organisations voted 41-4 to dissolve the Alliance.

On 30 June 2021, Hong Kong woman human rights defender and lawyer Chow Hang-tung was re-arrested after the police revoked her bail, under which she was released from an earlier arrest on 4 June 2021. On 2 July 2021, the West Kowloon Magistrates’ Court denied her bail. The woman human rights defender’s arrest came on the eve of the 24th anniversary of Hong Kong’s transfer to Chinese rule and the 100th anniversary of the founding of the Communist Party of China.

Download the urgent appeal.

Chow Hang-tung (鄒幸彤) is a barrister and woman human rights defender in Hong Kong. She has advocated for the protection and promotion of labour rights, as well as for the rights of persecuted human rights defenders in mainland China. She is one of the current vice-chairs of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China (the Hong Kong Alliance), a grassroots advocacy group established in 1989 in Hong Kong to campaign for the release of Chinese political prisoners, democratic reforms in China, and accountability for the extrajudicial killings and other violations by the Chinese authorities during the lethal crackdown on pro-democracy protests in June 1989. As a barrister in Hong Kong, she has also provided legal assistance to peaceful activists and protesters targeted by police and judicial actions for their involvement in pro-democracy activities.

Chow Hang-tung is now facing the charge of “inciting others to knowingly participate in unauthorised assemblies” in relations to events on both 4 June and 1 July 2021. The woman human rights defender is being remanded in custody until the next court hearing, which is scheduled to take place on 30 July 2021. The court will review her bail on 9 July 2021.

The woman human rights defender and over two dozens activists, including those affiliated with the Hong Kong Alliance, have already been facing prosecution for participating in the peaceful candlelight vigil on 4 June 2020 marking the 1989 massacre of civilians and protesters in Beijing. Many of these activists are also being prosecuted, with some already convicted, in relation to their peaceful role in other pro-democracy protests in Hong Kong in 2019 and 2020.

In a public post on Facebook earlier in the day on 30 June 2021, Chow Hang-tung suggested she was being surveilled and followed. Later that evening, police took the woman human rights defender into custody near her law office with the charge of “inciting others to participate in unauthorised assembly”. She was initially detained at the New Territories South Regional Police Headquarters and was later transferred to the Tsuen Wan Police Station. Chow Hang-tung was able to meet her lawyers on the morning of 1 July 2021.

On 28 June 2021, the Hong Kong police announced its decision to ban, for the second consecutive year, a planned pro-democracy assembly due to be held on 1 July, citing COVID-19-related restrictions on public gatherings. Chow Hang-tung provided legal assistance to the organisers to appeal the ban. On 29 June 2021, the body responsible for reviewing police objections to public gatherings upheld the ban.

In the early morning of 4 June 2021, police arrested Chow Hang-tung as she left her office and accused her of “publicising and promoting unauthorised assembly”. This was in connection to the banned candlelight vigil which the Hong Kong Alliance had hoped to organise later that evening in Victoria Park, which was surrounded by a heavy police presence. She was released on bail after around 33 hours in detention. In the weeks following her release, Chinese government-owned media outlets in Hong Kong published articles attacking Chow Hang-tung for her legal aid work and advocacy.

Since the People’s Republic of China resumed control of Hong Kong on 1 July 1997, pro-democracy protests have been an annual tradition to mark the anniversary in the city. The Hong Kong Alliance organised many peaceful protests on 1 July since 1997. Since 1989, the Hong Kong Alliance also organised the annual candlelight vigil on 4 June to mark the 1989 massacre of civilians and pro-democracy protesters in China, until the Hong Kong police banned it in 2020 and 2021.

Chow Hang-tung’s case is the latest indicator of a rapidly shrinking civic space and expanding government campaign of politically motivated and rights-abusing arrests and prosecution of human rights defenders and pro-democracy figures in Hong Kong. This trend has accelerated since the unilateral impositon of a draconian “national security law” a year ago. According to human rights monitors, as of 9 June 2021, at least 10,340 individuals have been arrested, 2,676 prosecuted, and 1,504 are on trial for protest-related offences. According to Hong Kong police figures compiled by reporters, at least 113 individuals have been arrested for alleged violations of Hong Kong’s national security law, and 61 of them have been formally charged, as of 23 June 2021.

Front Line Defenders believes Chow Hang-tung’s arrest is a reprisal for her peaceful and legitimate work of promoting and defending human rights in both Hong Kong and mainland China, as well as exercising of her freedoms of expression and assembly. It is further deeply concerned by what appears to be a growing pattern of denial of bail to activists and human rights defenders who are facing charges for peaceful expression or actions protected by international human rights law.