Verdict and charges

A Hong Kong court has found two prominent pro-democracy activists guilty of incitement to subversion for their role in organising annual vigils commemorating the 1989 Tiananmen Square crackdown. Lee Cheuk-yan, 69, and Chow Hang-tung, 41, were convicted on Friday at West Kowloon Court, as reported by multiple outlets including ABC Australia, Al Jazeera, BBC, and CNN.

The pair, former leaders of the now-disbanded Hong Kong Alliance, were charged in 2021 and pleaded not guilty. They face a maximum penalty of 10 years in jail, with sentencing expected at a later date. A third defendant, Albert Ho, 74, pleaded guilty in January and is awaiting sentencing, according to the BBC and other sources.

The court found that Lee and Chow "incited other persons to organise, plan, commit or participate in acts by unlawful means with a view to subverting the state power," according to a court summary cited by the BBC. The Hong Kong Alliance in Support of Patriotic Democratic Movements of China was also found guilty, as reported by ABC Australia and the South China Morning Post.

The case and its context

The case centred on the alliance's objective of ending one-party rule in China, a slogan prosecutors said incited hostility towards the Chinese Communist Party. Three High Court judges were tasked with determining whether that objective violated the Chinese constitution, which guarantees the party's leadership, the South China Morning Post reported.

Prosecutors argued that Article 1 of the constitution barred overthrowing the party's leadership, and that the defendants "endanger[ed] national security in the name of human rights," as cited by Al Jazeera, BBC, and Deutsche Welle. The judges found the alliance and its leaders had incited public hatred towards the party and that their agenda breached the constitution despite the absence of violence, according to CNN.

Lee and Chow maintained their advocacy was peaceful and protected by freedom of expression. Lee told the court that ending one-party rule did not mean ending the Communist Party's leadership but was about moving toward democracy, as reported by ABC Australia and France 24. Chow, who represented herself, told the court in May that "the law itself was on trial," according to BBC and Al Jazeera.

The Tiananmen vigils and the national security law

The Hong Kong Alliance was founded in May 1989 to support student pro-democracy rallies, and for decades organised annual candlelight vigils in Victoria Park that drew tens of thousands of people, serving as the only large-scale public commemoration of the crackdown in Chinese territory, as reported by ABC Australia, Al Jazeera, and BBC. On June 4, 1989, Chinese troops and tanks crushed pro-democracy protests in and around Tiananmen Square; estimates of the death toll range from a few hundred to many thousands, according to BBC and CNN.

Hong Kong and Macau were formerly the only places on Chinese soil that permitted such public vigils, the Guardian reported. Authorities banned gatherings in 2020, initially citing COVID-19 policies, and the national security law imposed by Beijing came into force that same year, effectively banning public commemoration ever since, according to multiple outlets including BBC and Deutsche Welle. The law criminalises secession, subversion, terrorism and collusion with foreign forces, and came after Hong Kong's 2019 pro-democracy protests, as reported by Al Jazeera and CNN.

Reactions and criticism

The verdict drew criticism from human rights groups and international figures. Amnesty International said the case "relies on vague, overly broad and arbitrary definitions of 'subversion'," and Sarah Brooks, the group's deputy regional director, called Lee and Chow "prisoners of conscience" who should be released immediately, as reported by BBC and Al Jazeera. Amnesty spokesperson Fernando Cheung said the verdict showed the law was being used to "punish people for peacefully remembering" the crackdown, according to Al Jazeera.

Mark Clifford, president of the Committee for Freedom in Hong Kong Foundation, called the verdict "no surprise" and described Hong Kong's judicial system as "twisted," saying Lee and Chow were "true Chinese patriots," as reported by Al Jazeera. Elaine Pearson, Asia director at Human Rights Watch, said the pair "exposed the Chinese government's fears of the memory of its own atrocities," according to Al Jazeera.

Germany and France issued a joint statement expressing regret at the verdict and calling for Chow's immediate release, saying "peaceful advocacy for human rights does not constitute a crime," as reported by Deutsche Welle. Taiwan also called on China to "stop political persecution" and release those detained, according to Deutsche Welle.

Authorities' response

The Hong Kong government defended the verdict, with a spokesman condemning "baseless slander and smearing" by Western countries and saying the ruling was "well-reasoned and sound," as reported by the South China Morning Post. The spokesman said Lee and Chow were prosecuted because they "overstepped the boundaries of lawful conduct," according to the Guardian. Beijing and the Hong Kong government have said the national security laws were needed for stability, as reported by ABC Australia and CNN.

Profiles of the defendants

Chow, a 41-year-old Cambridge-educated barrister, represented herself at trial. She attended vigils from childhood, joined the alliance as a volunteer in 2010, and has undertaken a hunger strike every June to commemorate the 1989 anniversary, according to France 24. In her closing submissions, she said: "We know exactly what we want: to end one-party dictatorship, bring about a democratic transition, and effect a change of regime," as quoted by France 24. She has been detained since 2021 and has written essays from prison, including about her hairstyle and being handed a Mickey Mouse t-shirt, as reported by the Guardian.

Lee, a veteran unionist, has been engaged in the labour movement since the 1970s and told the court: "I have dedicated my life to fighting for freedom of association," according to France 24. He visited students in Beijing in late May 1989 and was present on June 4, was detained by police but allowed to return to Hong Kong after public outcry, France 24 reported. After the verdict, Chow blew supporters a kiss and Lee formed a heart with his arms, according to CNN.

Albert Ho, a lawyer-turned-politician who helped found the alliance and led the Democratic Party, pleaded guilty in January and was excused from most of the trial, as reported by France 24 and the South China Morning Post.