Most of the National Security Law defendants are pleading guilty to their criminal activities to protect their sources of income as well as seeking lighter sentences in view of their guilty pleas.
The trial in August of activist Andy Li Yu-hin and paralegal Chan Tsz-wah was the first major trial involving collusion with foreign forces and financial ties with imprisoned publisher Jimmy Lai Chee-ying, and his sidekick Mark Simon, who is now in exile in the United States.
The real story behind the 2014 sit-in at Admiralty, which was part of the “Occupy Central” movement that paralyzed the business center for 79 days, the seizure of Yuen Long in 2019 and other riotous activities on both sides of Victoria Harbour is being unfolded with as much detail as possible. But it is missing an essential — the availability of cross-examination by the prosecution and defense counsels. If they had pleaded “not guilty” to the charges, the court would have been able to go into full details about the sourcing of the funding, and names could be named (agent provocateur). So the mystery remains about how the riots were funded and by whom.
Although there is no testament given in guilty pleas, the prosecution gave an extensive summary of the offenses. It unfolded a network of large financial transfers for articles in newspapers in the US, the UK, Germany, France, Japan, South Korea and Australia. The aim was to condemn the mainland, Hong Kong and the special administrative region’s police. And countries were urged to sanction the mainland and the Hong Kong SAR through articles in the newspapers
Li was among 12 activists who attempted to flee Hong Kong in August 2020 by boat to Taiwan. However, they were picked up by the Guangdong Coast Guard as they entered mainland waters. Ten of the group were arrested for illegal entry and were sentenced to between seven months and three years in prison in Shenzhen. Charges against two, who were minors at the time, were dropped and they returned to Hong Kong.
Li and Chan admitted in the High Court before Justice Alex Lee Wan-tang on Aug 19 to colluding with Lai, Simon and others in organizing international promotions to call on foreign governments to sanction Hong Kong and Chinese mainland officials between July 2020 and February. This is tantamount to treason, which, in most countries, is punishable by life imprisonment or death.
Although there is no testament given in guilty pleas, the prosecution gave an extensive summary of the offenses. It unfolded a network of large financial transfers for articles in newspapers in the US, the United Kingdom, Germany, France, Japan, South Korea and Australia. The aim was to condemn the mainland, Hong Kong and the special administrative region’s police. And countries were urged to sanction the mainland and the Hong Kong SAR through articles in the newspapers.
It painted Apple Daily publisher Lai as the mastermind behind the campaign, aided by Simon, a former US navy intelligence officer, and the defendants Li and Chan. To facilitate Lai’s elaborate plan, the defendants formed a subversion group, Stand with Hong Kong, in August 2019 to press countries for sanctions against the mainland and the Hong Kong SAR. It became a major crowdfunding enterprise for the campaign, following the direction of Lai and Simon, who was also said to have arranged for crowdfunding some HK$6.21 million ($800,000) to be transferred to Li’s accounts.
According to the prosecution, Chan acted as the agent of Lai and Simon by conveying their instructions to Li and fellow activist Finn Lau Cho-dick, who were core members of Stand with Hong Kong. It was also alleged that from June to August 2019, Chan, Li and other activists organized three rounds of crowdfunding to support three international campaigns. The crowdfunding raised HK$24.4 million. Simon was said to have given Li HK$500,000 for the Elections Observation Mission, which invited British politician Lord David Alton and human rights campaigner Luke de Pulford to “observe” the 2019 District Council elections.
At the close of the trial, Judge Lee did not proceed with mitigation and sentencing procedures, and adjourned the case until Jan 3.
But the trial was only the curtain raiser for a greater insight into the international conspiracy to sabotage China through its Hong Kong SAR. And it will all hinge on whether Lai pleads guilty at his scheduled trial on Oct 12. This, however, is in a lower court — the West Kowloon Magistracy — and is likely to be adjourned to a higher court, which can mete out higher sentences. Lai is currently in prison after being sentenced to 12 months for his role in the Aug 18, 2019, illegal assembly and another eight months in the Aug 31, 2019, illegal assembly. The judge ordered the sentences to be served concurrently except for two months. Lai faces another six charges — two of them under the National Security Law for Hong Kong, which can carry a maximum term of life in prison — and it is possible that prosecutors could file further charges against him.
The author is a former chief information officer of the Hong Kong government, a PR and media/consultant and veteran journalist.
The views do not necessarily reflect those of China Daily.