Hong Kong court dismisses appeal by 3 core members of now-disbanded Tiananmen vigil alliance in police probe case
- Trio from Hong Kong Alliance in Support of Patriotic Democratic Movements of China were convicted last year for rejecting police request for information on group
- Implementation rules of the Beijing-imposed national security law empower the police chief to request a range of information from suspected foreign agent
The trio from the Hong Kong Alliance in Support of Patriotic Democratic Movements of China were convicted last year for rejecting a police request for details about group members, donors, financial reports and activities.
Former vice-chairwoman Chow Hang-tung and ex-standing committee members Tsui Hon-kwong and Tang Ngok-kwan launched the first legal challenge over the implementation rules of the Beijing-imposed law.
The rules empower the police chief to request a range of information from a suspected foreign agent or one with links to Taiwan.
The trio argued that police and the prosecution needed to prove the alliance was a foreign agent “in fact” before authorities could issue a notice to request disclosure of information and demand their compliance.
But the Court of First Instance on Thursday ruled that law enforcement did not need to provide evidence to prove suspects were foreign agents because police had been given “wide power” to investigate offences endangering national security.
3 Tiananmen vigil group members jailed for 4½ months in Hong Kong
“Obviously, it is unreasonable to require [police] to be able to prove as a fact to the criminal standard that [a group] is a foreign or Taiwan political organisation before a notice can be served,” Madam Justice Anna Lai Yuen-kee said in a 30-page judgment.
“In the case of territorial investigation, such powers must be given a wide ambit so as to give full use and effect to … resolutely safeguard national security and opposing external interference.”
She also ruled that the implementation rules, which took effect on July 7, 2020, were intended to provide an “effective administrative procedure” to go along with the national security law.
If Chow and the others had issues with the rules, they should lodge a judicial review instead of bringing this legal issue up in criminal proceedings. she said.
The three defendants had each been sentenced to 4½ months’ jail.
Hong Kong court convicts 3 Tiananmen vigil group members over failing to aid police
Lai revoked the bail of Tsui and Tang, who had served about two months in prison before they were released pending the appeal.
The two men were immediately taken into custody after they lost the appeal.
Chow was already behind bars over a separate case.
Lai noted that the case involved the first conviction the city had seen since the implementation rules came into effect.
She said the trio’s sentence was not excessive, as the maximum punishment was two years in jail and HK$100,000 fine.
