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Chow Hang-tung, vice-chairwoman of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China. Photo: Handout

Hong Kong national security law: 5 leaders of Tiananmen vigil group remanded in custody after failing to comply with police information request

  • Magistrate says defendants failed to convince him they will not commit national security offences if granted temporary release
  • They were among 7 members of Hong Kong Alliance in Support of Patriotic Democratic Movements of China to appear in court on Friday

Five leaders of the group behind Hong Kong’s annual Tiananmen Square vigil have been remanded in custody after a magistrate found their failure to provide information for a police investigation endangered national security.

They were among seven members of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China who appeared in West Kowloon Court on Friday after being charged under the national security law.

The organisation announced last month it would disband after 32 years of activism.

The Security Bureau has started the process of revoking the group’s company registration, citing alleged violations of the Beijing-imposed legislation.

(From left) Albert Ho, Leung Yiu-chung and Lee Cheuk-yan attend the June 4 candlelight vigil in Victoria Park, Causeway Bay, in 2018. Photo: Edmond So

The five were arrested on Wednesday after refusing to furnish national security officers with details about the group’s members, financial reports and activities.

Under the security law and its implementation rules, the police commissioner can request a range of information from a suspected foreign agent or one with links to Taiwan.

Alliance vice-chairwoman Chow Hang-tung and standing committee members Leung Kam-wai, Tsui Hon-kwong, Tang Ngok-kwan and Chan To-wai pleaded not guilty to a joint count of failing to comply with a notice to provide information under the implementation rules. They argued the alliance was not a foreign agent and had no obligation to heed the request.

Protest group to disband, as pressure mounts amid police investigation into its activities

Prosecutor Anthony Chau Tin-hang opposed the defendants’ release before the trial, arguing they had “blatantly” violated the security law by continuously refusing to cooperate with police.

“The defendants all assume important roles in the alliance, which is already under suspicion of subverting state power,” Chau said. “It is extremely likely that the defendants will continue to organise activities endangering national security if bail is granted to them.”

Chow, a barrister, questioned the basis of their prosecution, saying police did not enjoy unfettered power under the new law.

“We are fighting for our case with reasons, but instead we were accused of blatantly breaking the law … We are merely defending our legal rights,” she said.

Defence counsel Cheung Yiu-leung, who is representing the other four, said the alleged offence ran contrary to the common law protection that the accused should not be forced to incriminate themselves. No evidence showed the clients took active steps to break the law, he said.

But acting principal magistrate Peter Law Tak-chuen held the defendants failed to convince the court they would not commit further national security offences.

By refusing to cooperate, they could have impeded a national security investigation or even enabled a suspect to abscond, the magistrate found.

“The defendants’ act can cause a delay [in the investigation], thereby undermining national security,” Law said.

The five will return to court on October 21 for a pretrial review.

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In a separate case, Chow was charged alongside the alliance, group chairman Lee Cheuk-yan and vice-chairman Albert Ho Chun-yan with inciting subversion. They were accused of inciting others to “organise, plan, commit or participate in acts by unlawful means with a view to subverting the state power”.

The defendants had advocated “overthrowing or undermining the basic system of the People’s Republic of China” established by the constitution or “overthrowing the body of central power of the People’s Republic of China”.

The trio did not enter a plea as prosecutors asked for time for police to investigate.

“I understand that it is a very ridiculous allegation,” Chow said, referring to the incitement charge which is punishable by 10 years in jail.

Probe into Hong Kong June 4 vigil group not a ‘crackdown on civil society’: Lam

Law similarly threw out Chow’s bail application in that case. Lee and Ho, who are both already in jail over separate cases, did not apply for temporary release. The trio will return to court on November 28.

Security minister Chris Tang Ping-keung issued a letter to seven standing committee members of the alliance on Friday, saying the bureau would recommend to the chief executive and her de facto cabinet, the Executive Council, that the group’s company registration be cancelled. The alliance could submit a written response by September 24.

“It would be necessary in the interests of national security, public safety and public order to prohibit [the alliance’s] operation or continued operation,” Tang wrote in the letter seen by the Post.

The alliance said it was seeking legal advice.

The security law, adopted in June last year, targets acts of secession, subversion, terrorism and collusion with foreign forces, carrying a maximum punishment of life in prison.

Additional reporting by Christy Leung

This article appeared in the South China Morning Post print edition as: magistrate remands leaders of vigil group in custody
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