Political prisoner trial developments in Hong Kong in the last three weeks (25 September - 13 October)

Trial of the 47 democrats

The long-anticipated trial of the 47 democrats opened on Monday 6 February 2023. The trial concerns the 47 democrats who organised or participated in “unofficial” primaries in July 2020. As a result of these primaries, 55 people were arrested in January 2021, in the largest crackdown since the National Security Law was passed. 

Of these, 47 have been accused of “conspiracy to commit subversion” and are now facing trial. The majority of defendants have been in detention for 2 years, as only 13 have been granted bail. 31 of the defendants have pleaded guilty. This is one of the most significant trials since the National Security Law (NSL) was passed.

Trial Adjourned 

Now that all the defendants have testified, the trial has been adjourned to November for the prosecution and defense to prepare closing arguments. 

This includes the prosecutors and legal representatives of 16 former lawmakers, ex-district councilors and activists for around four months to prepare closing submissions. 

The trial will resume on 27 November 2023. 

Other Developments

Development 1: Man Jailed for Importing ‘Seditious’ Books

Kurt Leung, 38, was sentenced to four months in jail after pleading guilty to importing 18 children’s books about sheep and wolves.

The books he imported were part of a series of children’s books “said to have alluded to the 2019 anti-extradition bill unrest, the detention of 12 Hong Kong fugitives by the mainland Chinese authorities, and a strike staged by Hong Kong medics at the start of the Covid-19 outbreak.” 

In September 2022, five speech therapists behind the publication were found guilty of carrying seditious intentions by the District Court. 

Leung was arrested in March 2023 and found to have signed for a delivery containing 6 copies of each of these three books. You can read the books online here

Development 2: Zeng Yuxuan Deported to Mainland China

On Thursday, the Hong Kong government announced the release from imprisonment and deportation of Zeng Yuxuan. 

Zeng, a 23-year old law student from Mainland China, was first detained in June 2023 for mourning a man who died after stabbing a policeman on 1 July 2021. In September 2023, Zeng was sentenced to six months in jail after she pleaded guilty to attempting to do an act with a seditious intention. She had planned to display a banner of the Pillar of Shame, on 4 June 2023, which was the anniversary of the Tiananmen Massacre. 

Hong Kong Watch is extremely concerned about what may happen to Zeng after her arrival in Mainland China, where the authorities do not uphold rule of law, where there is the widespread and systematic use of torture, and where many political activists have disappeared.

Development 3: Hong Kong Watch expresses concern regarding the arrest of 10 Hong Kongers seeking to withdraw their pension savings from Hong Kong

Today, the Hong Kong Independent Commission Against Corruption for the Hong Kong Government issued a statement confirming that it has arrested 10 Hong Kongers who were seeking to withdraw their Mandatory Pension Fund from Hong Kong.

According to the Government’s press release, in total 20 individuals were arrested as part of a so-called “scheme” to make representations to Mandatory Provident Fund providers that they intended to move to Mainland China so they could gain early withdrawal of their pension savings. Research by Hong Kong Watch published in April 2023 found that the Hong Kong Government is blocking £2.2 billion from leaving the city, with HSBC, Manulife, and Sun Life accounting for the majority of Mandatory Provident Funds.

This is a direct retaliatory action by the Chinese Government against the introduction of the British National Overseas Visa and other lifeboat schemes, and is a direct breach of Hong Kong’s Basic Law which guarantees freedom of movement of capital in and out of the city.

We urge the UK, Canadian, US, and other governments to direct Mandatory Provident Fund providers to recognise the British National Overseas Visa and give Hong Kongers access to their pension savings.

Development 4: UN Experts Raised Concerns About Hong Kong

This week, UN experts “expressed serious concern about the first mass trial of 47 people underway since February 2023 under the National Security Legislation (NSL) of the Hong Kong Special Administrative Region (SAR) and the issuance of arrest warrants and bounties against pro-democracy figures from the Hong Kong SAR currently in exile overseas.”

They have expressed similar concerns in the past and highlighted the arrests made under the NSL and upcoming trials. They reiterated the necessity for Hong Kong to comply with its human rights obligations under international law.