Chief Executive John Lee said today that the law never allows anyone to openly harm their own country and compatriots by employing confounding tactics under the pretext of human rights, democracy and freedom.
Mr Lee made his remarks following the sentencing of the now-defunct Hong Kong Alliance and related figures Lee Cheuk-yan, Ho Chun-yan and Chow Hang-tung, who were charged with incitement to subversion under Article 23 of the Hong Kong National Security Law (HKNSL).
The Court of First Instance handed down its sentences today. Chow Hang-tung received seven years and three months in prison, while Lee Cheuk-yan was sentenced to seven years. Ho Chun-yan, who had previously pleaded guilty, was given five years and two months. Additionally, the Hong Kong Alliance was fined $1,500,000.
The court ruled that the present case was of a serious nature, pointing out that although the HKNSL had been implemented at the material time, some individuals were still unwilling to accept the exercise of sovereignty by the state over the Hong Kong Special Administrative Region, nor were they willing to accept the constitutional order established by the Constitution of the People’s Republic of China and the Basic Law.
The court noted that the defendants engaged in criminal acts of incitement amid a turbulent and unsettled social atmosphere, putting national security and public order at greater risk. The defendants possessed mobilising power and influence in Hong Kong. Their criminal activities persisted for as long as 14 months and were committed through various activities and online platforms. The relevant activities were citywide with an extensive reach, influencing people of different age groups, and their potential harm must not be underestimated.
Despite the defendants’ knowledge that their agenda might be in breach of the Constitution and the HKNSL, they recalcitrantly pursued their course of conduct after the HKNSL came into effect, vigorously advocating and promoting their premeditated agenda.
The court reiterated in its reasons for sentencing that the HKNSL had no retrospective effect and that the defendants were put on trial not because of their political ideology or their conduct before the HKNSL. They were convicted solely on the basis that they had committed acts prohibited under the HKNSL after the HKNSL came into effect.
Mr Lee said that the court pointed out clearly in its reasons for the verdict of conviction handed down earlier that the very aim of the alliance’s agendas was to overthrow and undermine the leadership of the Communist Party of China (CPC) under the Constitution. 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 People’s Republic of China (PRC).
He said that after the implementation of the HKNSL, the defendants refused to pull back from the brink and were bent on acting wilfully, attempting to make use of the alliance to subvert state power.
“This case shows that anyone who intends to incite subversion and endanger national security will ultimately be punished in accordance with the law, and such acts will absolutely not be tolerated,” Mr Lee said.
“As pointed out by the court in the reasons for verdict, what the defendants did in this case had already gone beyond the scope of lawful freedom of expression, and constituted acts of inciting others to subvert state power by unlawful means.
“The sentences today demonstrate the court’s confirmation that the offences committed by the defendants were extremely serious and warrant severe punishment to uphold the rule of law,” he added.
The Hong Kong Special Administrative Region Government said that Article 1 of the Constitution expressly prohibits any organisation or individual from damaging the socialist system.
Article 22 of the HKNSL explicitly prohibits anyone from organising, planning, committing or participating in acts by force, threat of force or other unlawful means with a view to subverting state power, such as overthrowing or undermining the fundamental system of the PRC established by the Constitution, or overthrowing the body of central power of the PRC.
Under the Constitution, overthrowing or undermining the leadership status of the CPC is tantamount to overthrowing or undermining the fundamental system of the PRC established by the Constitution to which Article 22 of the HKNSL refers.
The Hong Kong SAR Government also pointed out that it has taken note that various western countries, anti-China organisations, politicians and foreign media have recently launched malicious attacks and smears on various cases including this case.
It has reiterated on multiple occasions, just as the court has stated clearly, that the defendants in this case were put on trial not because of their political views or beliefs. The court will only consider the laws and evidence relevant to the case to decide whether the prosecution is able to prove the charge beyond a reasonable doubt. All defendants received a fair trial strictly in accordance with laws applicable to Hong Kong, as guaranteed by the Basic Law and the Hong Kong Bill of Rights, free from any interference.
The Hong Kong SAR Government stressed that it has the responsibility to safeguard national security, and will resolutely combat acts and activities endangering national security.
In this regard, it will ensure that laws are observed and strictly enforced to bring offenders to account, and to prevent, suppress and punish acts and activities endangering national security in accordance with the law.