Hong Kong: three activists found guilty of inciting Tiananmen memorial vigils

The three activists identified in media coverage are Chow Hang-tung, Albert Ho and Lee Cheuk-yan, all already known for their activism in favour of democracy and human rights in Hong Kong. They were prosecuted for their alleged role in organizing, in 2020 and 2021, annual vigils in memory of the Tiananmen victims, a gathering that the authorities had banned for the first time in 2020 citing health reasons linked to the Covid-19 pandemic.

The charges against the three activists

During the hearing, the prosecutor argued that the calls made by the defendants on social media and at press conferences constituted direct incitement to participate in a banned gathering. The defence pleaded not guilty, arguing that its clients had merely exercised their right to freedom of expression guaranteed by the Hong Kong Basic Law. None of these statements could be independently verified at the time of writing this article.

Several international human rights organizations condemned the verdict even before the sentence was announced, arguing that it undermined rights and fundamental freedoms in the special administrative region. Support demonstrations took place in Europe, notably in France and Germany, where solidarity vigils were held in front of Chinese consulates.

A conviction criticized abroad

The Hong Kong judicial system has made several changes to its procedures since the entry into force, in 2020, of the national security law imposed by Beijing. Foreign lawyers and magistrates have publicly expressed concerns about the independence of the local judicial system and the definition of national security offences, accusations rejected by the authorities in Hong Kong and Beijing.

The Hong Kong special administrative region, a former British colony returned to China in 1997, is in principle granted judicial autonomy until 2047, in accordance with the "one country, two systems" principle. Pro-democracy activists and their international supporters maintain that this autonomy is increasingly threatened by Beijing's growing political influence over Hong Kong institutions.

The judicial timeline remains to be specified

Friday's verdict did not immediately come with a sentence: the court announced that sentencing would take place at a later date, which had not yet been set at the time the dispatches were published. Defence lawyers indicated that they were considering filing an appeal as soon as the full reasoning of the ruling was available.

Mainland China reacted cautiously to the verdict, with official spokespersons stressing that Hong Kong's internal affairs fell within the competence of the local authorities and that there was no reason to comment on a judicial decision. Beijing did not directly respond to the criticisms made by Western chancelleries, which continue to demand the release of political prisoners on Chinese territory.

The Tiananmen commemorations have constituted an important civic ritual in Hong Kong since 1990, where every year tens of thousands of people gathered in Victoria Park for a candlelit vigil. The ban on these gatherings since 2020 marked a turning point in Hong Kong's public life and continues to be perceived, including by some foreign diplomats, as a test of the margin for the exercise of public freedoms in the region.

Friday's verdict is part of a series of judicial proceedings targeting figures of the Hong Kong pro-democracy movement, several of whom have already been sentenced to prison terms for offences linked to national security or unauthorized demonstrations. The defence indicated that it planned to raise before the higher courts the conformity of these prosecutions with the international commitments undertaken by Hong Kong in matters of civil and political rights.