In a landmark decision, Hong Kong’s highest court has overturned the convictions of three former key members of a prominent pro-democracy group. These activists, who were involved in organizing annual vigils to commemorate the Tiananmen Square crackdown of 1989, had been convicted of failing to provide requested information to police. This ruling marks a significant win for supporters of democratic freedoms in Hong Kong, where these rights have been perceived as increasingly under threat.
The three individuals, Chow Hang-tung, Tang Ngok-kwan, and Tsui Hon-kwong, previously led the Hong Kong Alliance in Support of Patriotic Democratic Movements of China. In 2023, they were sentenced amid intensified measures by Beijing against pro-democracy organizations in the city. They served a sentence of four and a half months. This group, known for its annual candlelight vigils, was forced to disband in 2021 under pressure from a stringent national security law implemented by China.
Many critics argue that such moves indicate a significant erosion of the civil liberties promised to Hong Kong upon its return to Chinese sovereignty in 1997. Prior to dissolving, the alliance had been scrutinized by the police for potential foreign collusion, yet the group rejected such allegations and defendants chose not to comply with the police’s demands for operational and financial details.
The Court of Final Appeal in Hong Kong sided with the defendants, with Chief Justice Andrew Cheung announcing the verdict. The court determined that the prosecutors needed to prove the alliance’s status as a foreign agent and criticized the lower courts for accepting mere assertions by police as evidence. The appeal highlighted the lack of transparency, as pivotal details had been redacted, undermining the prosecution’s position.
The court’s decision emphasized that withholding critical information from the defendants jeopardized their right to a fair trial, resulting in a miscarriage of justice. Tang expressed hope that the ruling could clarify the alliance’s non-status as a foreign entity and bring to light the truth behind the 1989 events. “Justice is within,” he stated, invoking a sentiment of inherent truth beyond official acknowledgments.
During a previous hearing, Chow, who managed her appeal from prison, argued her case underscored the dangers of a police state, a claim resonating with broader concerns about Hong Kong’s legal system following the security law of 2020. This law sparked the resignation of several international judges from the city’s top court, citing concerns over judicial independence. Despite these exits, Chief Justice Cheung reassured the public about the judiciary’s impartiality.
The vigils at Hong Kong’s Victoria Park were iconic, offering one of the few public remembrances of the June 4 Tiananmen Square events on Chinese territory for years. Although initially paused due to pandemic restrictions, post-pandemic, the space became a venue for pro-Beijing events, with those daring to commemorate the vigil facing detentions.
Amid these developments, Chow, along with other former leaders, Lee Cheuk-yan and Albert Ho, await trial on separate subversion charges. In a related legal decision, the court upheld the convictions against another activist, Tam Tak-chi, for old-era sedition charges, emphasizing the ongoing theme of suppression of dissent in Hong Kong.
The colonial-era law invoked in Tam’s case had been repealed, replaced by a more contemporary security law, justified by authorities as essential for maintaining stability. However, the international community remains apprehensive about potential further curtailments of freedoms in Hong Kong.
