In July 2020 I wrote an article discussing the newly imposed National Security legislation. Now we see the biggest use of this law yet. If you would like to read about the details of this legislation first then I’d recommend reading my previous article which I mentioned above.
The contentious security law has now been used in the arrest of 55 and the charging of 47 of those arrested. They were charged with conspiring to commit subversion which under this security law if found guilty could see them looking at a life sentence. For those unaware, subversion is “the act of trying to destroy or damage an established system or government” – Cambridge Dictionary.
On Monday the 1st of March the charged had their first court appearances in bail hearings, which occurred within West Kowloon Magistrates’ Court, that ended on Thursday evening. It was said to be a few gruelling days in court, starting with the session on Monday which lasted for 13 hours and only being adjourned by the judge due to a defendant fainting. The defence brought up the issue of personal hygiene as since reporting to the Police station the defendants had not showered, as a result the final hearing was delayed to allow this.
In the group of the 47 only 15 were granted bail, but after receiving the verdicts, the Department of Justice immediately appealed the decisions. The 15 would have had to stay in custody for a maximum of 48 extra hours while the High Court heard the Justice Department’s appeal. Among those denied bail, all but 7 have lodged a review and so will return before Victor So (the Chief Magistrate at West Kowloon Magistrates’ Court) on Friday the 12th March. For those not facing a bail review or appeal the next hearing will occur on the 31st of May, the prosecution have previously said the need of time by Police in order to conduct further investigations.
Why Were They Arrested?
As previously mentioned, they have been charged with conspiring to commit subversion, but why? And is it reasonable? My initial response to these questions, I imagine being similar to most, is that it’s China’s usual game of suppressing any anti-China expression. But the charges stem from quite unique circumstances, the accused helped to run an unofficial ‘primary’ election in June 2020 in order to select opposition candidates for the now postponed 2020 legislative elections. These elections managed to gain considerable popularity with 600,000 residents coming out to vote. That was said by Chinese and Hong Kong Authorities to be an attempt to overthrow the government, this belief held by the authorities led to the subversion charge. We’ve discussed why, but now let’s discuss the reasonability. Personally, considering the charge objectively (without considering circumstances) I can understand why some may consider it reasonable, but with considering the charge subjectively (including and acknowledging circumstances) I believe it to be that China’s up to its usual game and the authorities are completely in the wrong here.
The International Reaction
This action taken by authorities in Hong Kong has caught the attention of the international community, it’s safe to say that governments and political organisations are outraged. Amnesty International described the detaining of the 55 as “the starkest demonstration yet of how the National Security Law has been weaponised to punish anyone who dares to challenge the establishment”. And Lao Cho Ming of Amnesty International Hong Kong said, “These prosecutions are an unprecedented attack on freedom of expression and association in Hong Kong, and the four-day hearing in gruelling conditions casts grave doubts over the fairness of this trial from the start.” The UK foreign minister, Dominic Raab, joined in by saying that the decision to bring charges against the 47 was a “deeply disturbing” step that violated the joint declaration that Beijing had reached with Britain before the former colony was handed back to China.
Teen Politics 
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