Subversion case verdict delivered

May 30, 2024

The Court of First Instance today delivered its verdict on a conspiracy to commit subversion case and convicted 14 out of the 16 defendants who had pleaded not guilty.

 

For two of the defendants, there was insufficient evidence for the court to be sure of their participation in the conspiracy. The Department of Justice immediately informed the court of its intention to appeal in respect of the defendants who were not convicted.

 

The reasons for verdict pointed out that by March and April 2020, the ultimate aim and purpose of the so-called “Project 35+” had been very clear and made known to the public, ie to undermine, destroy or overthrow the existing political system and structure of the Hong Kong Special Administrative Region established under the Basic Law and the “one country, two systems” principle.

 

The court also noted that the people concerned conspired to indiscriminately vote down the Government’s budget and public expenditure proposals after securing a majority in the Legislative Council through a so-called “primary election”, in order to compel the Government to accede to the so-called “Five Demands Not One Less” and force the Chief Executive to dissolve LegCo and ultimately resign, thus rendering the Government unable to introduce any new policies or implement existing policies on benefitting people’s livelihood.

 

The court added that in such a way, the power and authority of both the Chief Executive and the Government would be greatly undermined, which would necessarily amount to a serious interference in, disruption of or undermining of the performance of duties and functions in accordance with the law by the Hong Kong SAR’s body of power, subverting state power.

 

Moreover, during the trial, evidence adduced in the court revealed that the people concerned put forward the “10 steps to mutual destruction” which would bring Hong Kong society to a standstill through large-scale street riots as well as other means. Coupled with international political and economic sanctions, “mutual destruction” would be achieved, causing suffering to the public.

 

Chief Executive John Lee said the verdict showed that the court confirmed the occurrence of the offence of conspiracy to commit subversion, which aimed at undermining, destroying or overthrowing the existing political system and structure of the Hong Kong SAR established under the Basic Law and the “one country, two systems” principle.

 

“A total of 47 people were charged in the case. Apart from the two defendants, against whom the evidence was found insufficient for the court to be sure of their participation in the conspiracy offence, the rest of the 45 defendants were convicted, showing the scale and the seriousness of the criminal scheme.”

 

Mr Lee also stressed that it is the Hong Kong SAR’s duty to safeguard national security.

 

“We will fight resolutely against acts and activities endangering national security. In this regard, the Hong Kong SAR Government will ensure that laws are observed and strictly enforced, and will do our utmost to prevent, suppress and impose punishment for acts and activities endangering national security to fulfil this justified responsibility.”

 

Separately, the Government said that during the trial, external forces blatantly smeared the Judiciary, the Department of Justice and the law enforcement department, and even created pressure through intimidatory political means and misleading remarks, in an attempt to interfere with the fair trial.

 

Describing this a despicable attempt, the Government strongly condemned this flagrant trample on the rule of law.

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