CHINA / SOCIETY
Verdict on ‘35-plus’ defendants affirms Hong Kong’s zero-tolerance on acts of subversion: top national security authority
Published: Jun 18, 2024 11:01 AM
Photo from China’s Ministry of State Security

Photo from China’s Ministry of State Security

The latest verdict on “35-plus” defendants demonstrated the openness, transparency, fairness and justice of Hong Kong’s judicial system, China’s Ministry of State Security (MSS) said on Tuesday, noting that the court’s judgement affirmed the Hong Kong Special Administrative Region (HKSAR)’s zero-tolerance toward acts of subversion. 

Recently, the HKSAR court delivered a verdict on the case of conspiracy to subvert state power involving defendants who planned the infamous "35-plus" political strategy.

In total, 47 people were prosecuted in this case, of which 45 have been convicted to date, demonstrating the scale and severity of the criminal plan.

This case is not an ordinary legal trial, as it is a landmark case since the implementation of the National Security Law (NSL) for Hong Kong, involving the largest number of people and the longest trial duration, the MSS said in a post published on its Weibo account on Tuesday.

It is also the first case in Hong Kong involving the crime of subverting state power, serving as a significant test concerning national security and the authority of the rule of law. 

The ruling serves as a stern warning to anti-China and destabilizing forces in Hong Kong, as well as to external forces from the West, that anyone daring to challenge China's national security will face severe legal consequences, the national security authority said. 

In January 2021, the Hong Kong police conducted arrests of over 50 individuals suspected of organizing, planning, or participating in the so-called 2020 Legislative Council (LegCo) "primary elections" and engaging in activities to subvert state power. Among them, 47 people were prosecuted.

Among the 45 individuals convicted, there are those who planned and organized violent activities, participated in illegal "Occupy Central" protests, and served as leaders of anti-China organizations in Hong Kong. 

These individuals share a common trait, they have long been involved in anti-China and destabilizing activities in Hong Kong, attempting to undermine the constitutional order established by the Constitution and the Basic Law. Their malevolent intentions brought them together, leading them down a path of no return, the MSS said. 

A substantial amount of conclusive evidence in this case indicates that the so-called "primary elections" planned by anti-China destabilizing forces, led by former legal professor Benny Tai Yiu-ting, in 2020 were part of a conspiracy to subvert state power, the MSS said. 

Their illegal activities severely interfered with, obstructed, and undermined the lawful functions of the HKSAR's government institutions, it noted. 

The despicable tactics of these anti-China forces involved illegally seizing over half of the seats in the LegCo, indiscriminately vetoing government funding, and creating a governance crisis in the SAR. 

Their goal was to force the central government to declare a state of emergency in the HKSAR, leading to a governmental and societal shutdown, and to incite street movements. They planned and organized efforts to plunge Hong Kong into chaos. Had their plan succeeded, Hong Kong society would have faced severe disruption and destruction, the MSS said. 

The trial for the case spanned 118 days, during which both the prosecution and the defense had ample opportunity to present evidence and arguments, balancing the maintenance of national security with the protection of the rights and freedoms of the parties involved, the authority said. 

In a judgment exceeding 300 pages, the court made clear decisions on the legal disputes involved in the case based on the NSL for Hong Kong and related legislation, providing a detailed explanation of the reasons behind the rulings.

The court's judgment clarified the definition and legal provisions of "subversion of state power," affirming the HKSAR's zero-tolerance stance toward acts of subversion. This ruling has given teeth to Hong Kong's national security legal framework, serving as a significant reference for the adjudication of similar cases in the future and having a far-reaching impact.

For over three years, Western external forces have spared no effort to exonerate these 47 individuals during the trial in the local court in Hong Kong, interfering with the trial proceedings and even blatantly intervening in China's internal affairs and Hong Kong's affairs through intimidating political tactics and misleading statements, in serious violation of international law and basic principles of international relations. 

They have continuously smeared Hong Kong's political and legal systems, fabricated reports about Hong Kong, introduced Hong Kong-related bills, portrayed Hong Kong's decline in freedom, and glorified anti-China disruptors, all while exerting pressure on the HKSAR government. Following the announcement of the verdict, they launched a new wave of public opinion attacks and sanctions against Hong Kong.

However, in the face of ironclad factual evidence, the noise and sanctions from Western external forces will only reveal their sinister plot to "create chaos in Hong Kong" and "use Hong Kong to contain China" to those with a conscience. It will only further unite the entire Chinese nation, including the vast majority of Hong Kong compatriots.

Global Times