Hong Kong national security law: arresting opposition figures was the easy part for authorities – making charges stick will require powerful evidence, legal experts say

Name: Hong Kong police arrest 53 opposition lawmakers and activists, warn of more arrests
Uploaded: 2021-01-07T00:30:15.000Z
Duration: 2 min 29 s
Description: Hong Kong police arrest 53 opposition lawmakers and activists, warn of more arrests

Police allege the former lawmakers and activists broke the national security law by vowing to paralyse the government during last year’s primary election

But prosecuting them will require proof the campaigning involved at least the threat of force and a central piece of evidence is expected to be an essay penned by organiser Benny Tai, lawyers say

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Police stand guard outside the office of one of the arrested, district councillor Lester Shum, on Wednesday. Photo: Reuters

Chris LauandJeffie Lam

Published: 8:30am, 7 Jan 2021Updated: 12:03pm, 7 Jan 2021

The mass arrests of opposition organisers and candidates of an election primary on suspicion of subversion on Wednesday left Hong Kong’s legal experts divided on which of their actions constituted an offence under the national security law.

While police accused the 53 activists and former lawmakers taken into custody during a dawn raid of plotting to “paralyse” and “overthrow” the government through their plans to control the 70-member legislature, several scholars failed to see how these acts amounted to a threat of force, the use of it or any other offences under the Beijing-mandated law.

Others said they needed to see more evidence uncovered to show there were direct or indirect calls for violence or illegal funding activities as part of the primary run-off that would form the substance of the alleged crime of subversion.

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Hong Kong police arrest 53 opposition lawmakers and activists, warn of more arrests

Six of the 53 still being detained by police at press time were arrested on suspicion of subverting state power by organising the primary elections to paralyse the government, while the others were caught for allegedly taking part in the events.

But legal scholar Simon Young Ngai-man, from the University of Hong Kong (HKU) said: “Paralysing the government by means that are lawful and without violence or threat of violence is not a crime.”

Police said the arrests were made under Section 3 of Article 22 of the national security law, which makes it illegal for anyone to use “force or threat of force or other unlawful means” to seriously interfere in, disrupt or undermine the duties and functions of the Hong Kong government. Those found guilty of subversion could face the maximum penalty of life imprisonment.

Police have also served several court orders to four press outlets, demanding they produce certain information, and have frozen more than HK$1.6 million (US$206,370) in assets.