The Hong Kong Special Administrative Region Government today strongly condemned and opposed baseless slanders and smears against Hong Kong by Western countries, anti-China media, organisations and politicians regarding yesterday’s court verdict on the “Hong Kong Alliance” incitement to subversion case.
The Hong Kong SAR Government pointed out that the constitution forms the foundation of Hong Kong’s constitutional order. Under the Preamble to the Constitution, the leadership of the Communist Party of China (CPC) is the core and foundation of the constitutional order of the People’s Republic of China (PRC).
No country allows citizens to subvert its constitutionally established order. The Hong Kong SAR Government stressed that the court’s verdict clearly emphasised that the defendants were tried based strictly on law and evidence, not for their political views.
The court noted that the defendants remained hostile toward the CPC and the central government. Following the implementation of the Hong Kong National Security Law (HKNSL), they refused to back down and pursued the Alliance’s resistance line. The defendants ignored the fact that their actions exceeded lawful boundaries of free speech.
The courts earlier clarified the boundaries of exercising freedoms and rights.
The Court of Appeal’s judgment in another case affirmed that criticising the Government, the administration of justice including judgments of courts, or engaging in debates about or raising objections to government policies or decisions, however strong, vigorous or critical that may be, does not constitute a seditious intention. The crucial issue is whether there is intent to incite hatred or subversion.
In this case, the defendants intended to undermine the fundamental system of the PRC by stirring up hostility against the CPC and causing division. The conspiracy was clear and required judicial action.
The Hong Kong SAR Government added that many rights and freedoms are not absolute. The International Covenant on Civil and Political Rights allows legal restrictions on free speech to protect national security, public safety and public order. The public must distinguish between this subversion case and the lawful exercise of the freedoms of association, assembly and speech.
Hong Kong is a society ruled by law. The HKNSL and the Safeguarding National Security Ordinance guarantee the principle of the rule of law. Defendants receive a fair trial by an independent judiciary, as guaranteed by the Basic Law and the Hong Kong Bill of Rights.
The court’s well-reasoned verdict meticulously detailed the legal principles and evidence supporting the conviction.
The Hong Kong SAR Government reiterated that safeguarding national sovereignty, unity and the territorial integrity of the PRC is the common duty of all Chinese citizens, including Hong Kong compatriots. Hong Kong residents must clearly recognise that incitement to subversion is a severe offence, and the Government will resolutely combat acts and activities endangering national security.