Explainer | With judgment still pending, here’s what we know about the 12 Hong Kong fugitives detained in Shenzhen
- Shenzhen court will hand down ruling at a later date, and insisted journalists and families attended the hearing, despite Western diplomats being denied entry
- Monday’s hearing was the culmination of a months-long saga that began with the 12 fugitives’ interception by the Chinese coastguard in August as they fled to Taiwan
The much-anticipated trial of 12 Hong Kong fugitives intercepted at sea by the Chinese coastguard while fleeing to Taiwan was held on Monday, but by day’s end, the outcome was still unknown.
In a brief statement on its website, the Yantian District People’s Court announced it would hand down its ruling at a later date after hearing prosecutors and defence lawyers’ submissions.
No live stream of the proceedings was offered, and with diplomats from various Western countries kept out, details of what took place inside the courtroom remained murky.
With the result still pending, here is a rundown of the key facts in the case, and the events leading up to the trial.
What is the case about?
Who are the 12, and what charges are they facing?
Following almost three months of detention, Shenzhen police announced in late November that they had completed their investigation into the 12 and handed the case over to prosecutors. The Yantian People’s Procuratorate confirmed on December 16 that 10 would face charges, while closed-door hearings would be held to decide how to deal with the other two, who are underage.
Andy Li and seven others were charged with crossing the border illegally, which carries a maximum jail sentence of one year. Two others – Tang Kai-yin and Quinn Moon, the only woman in the group – face a more serious charge of organising others to illegally cross the border, which is punishable by up to seven years’ imprisonment upon conviction. On Christmas Day, lawyers appointed by mainland authorities informed the detainees’ families that the trial of the 10 would take place on Monday.
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Families decry denied access despite Shenzhen's claims Hong Kong fugitives had 'open trial'
In Hong Kong, meanwhile, the group members were facing prosecution for a range of charges, including rioting, wounding, arson and possessing offensive weapons.
What happened on Monday?
Despite information from the court last week that the trial would be held behind closed doors, staff maintained on Monday that it was in fact open to the public – before immediately noting that the gallery was full. As such, a group of diplomats from Britain, the US, Australia, France, Germany, the Netherlands, Portugal and Canada who had come to observe the trial were instead left to wait outside the court entrance.
The court, however, without offering names, insisted that family members, journalists and delegates to the People’s Political and Consultative Conference of Shenzhen and the National People’s Congress had sat in on the trial. But some family members who called the court said they were told to wait for the online announcement. The court’s statement was issued shortly after 6pm, and made no mention of the defendants’ pleas, though pro-Beijing newspaper Wen Wei Po reported hours later that they had pleaded guilty.
Prior to the hearing, the US embassy in Beijing called for the detainees’ release, saying their only “so-called ‘crime’ was to flee tyranny”. Hitting back, Chinese foreign ministry spokesman Zhao Lijian said Washington had “ignored the facts, and mixed up right and wrong”.
What are their families’ concerns?
Since day one of their detention, the fugitives’ families have complained that the 12 were prevented from getting in touch with them and denied access to lawyers of their choice. The mainland human rights lawyers engaged by the families approached the authorities in Shenzhen on multiple occasions, only to be told repeatedly – and at times threatened – to drop the case. Instead, mainland authorities appointed lawyers they claimed were selected by the 12 to represent them.
There were also concerns over whether detainees’ medical needs would be met, given that some of them suffered from pre-existing conditions. Last month, some of the families received letters from the detainees describing how “good” life was in detention, which only fuelled suspicion about the actual treatment they were receiving.
Since details of prosecution were made available, the families have been appealing to mainland authorities to make the trial open to the public and to allow them to attend. On Sunday, they also penned an open letter urging foreign governments to send embassy personnel to the hearing. The Hong Kong authorities have maintained that the 12 were in good condition, and that they would help the families pass on their requests to their mainland counterparts.
How have Beijing and other countries reacted?
Beijing has painted the 12 as “separatists” since as early as September, with the foreign ministry declaring them “elements attempting to separate Hong Kong from China”. The US at the time called the case “another sad example of the deterioration of human rights in Hong Kong”, a remark fiercely disputed by China.
Meanwhile, more than 150 lawmakers from 18 countries issued an open letter calling for the detainees’ release. The Hong Kong government fired back, slamming the legislators for disregarding the fact that 12 were fugitives fleeing trials for serious crimes.
