Criticism of court ruling condemned

May 31, 2024

The Hong Kong Special Administrative Region Government today strongly condemned and opposed the untruthful, slandering and smearing remarks made by some Western countries, anti-China organisations and politicians, and foreign media on the verdict delivered by the Court of First Instance of the Hong Kong SAR on a conspiracy to commit subversion case on May 30.

 

The Western countries included the US, the UK, the European Union, Australia and more.

 

In a statement tonight, the Hong Kong SAR Government said that following 118 days of open hearing and thorough consideration of the relevant legal principles, massive amount of evidence and submissions from the prosecution and the defence, the reasons for verdict delivered by the court yesterday clearly confirmed the occurrence of the offence of conspiracy to commit subversion.

 

The proven offence was 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.

 

Such criminal acts endangering national security had nothing to do with the so-called fight for democracy and human rights.

 

A total of 47 people were charged in the case and 45 defendants were convicted, showing the scale and the seriousness of the criminal scheme.

 

The evidence against the other two defendants was found insufficient for the court to be sure of their participation in the conspiracy offence. The Department of Justice has already informed the court of its intention to appeal against the verdict on those two defendants.

 

The statement pointed out that the Hong Kong SAR is an inalienable part of the People’s Republic of China and, as a local administrative region that enjoys a high degree of autonomy under the “one country, two systems” principle, comes directly under the jurisdiction of the Central People’s Government.

 

The Hong Kong SAR Government also stated that the core essence of the Sino-British Joint Declaration is China’s resumption of the exercise of sovereignty over Hong Kong. It did not authorise the UK to interfere in the city’s affairs after its return to the motherland. The UK has no sovereignty, jurisdiction or right of supervision over Hong Kong after its return to the motherland.

 

The external forces disregarded the fact, made skewed remarks about the verdict delivered by the Hong Kong SAR court by replacing the rule of law with political manipulation and confounding right and wrong, and blatantly interfered in Hong Kong’s affairs which are entirely China’s internal affairs.

 

The external forces’ attempt to undermine the stability and prosperity of Hong Kong is doomed to fail, the Hong Kong SAR Government added.

 

In respect of the acts of the people or entities concerned, the Hong Kong SAR law enforcement agencies have been taking law enforcement actions based on evidence and strictly in accordance with the law, which have nothing to do with their political stance, background or occupation.

 

The suggestion that certain individuals should be immune from legal consequences for their illegal acts, including the illegal act of subversion, is no different from advocating a special pass to break the law. This totally runs contrary to the spirit of the rule of law.

 

The offences endangering national security stipulated under the National Security Law (NSL) target acts endangering national security with precision, and define the elements and penalties of the offences with clarity.

 

On the charge of conspiracy to commit subversion, the court pointed out clearly in the reasons for verdict that, before the defendant may be convicted by the court, the prosecution has the duty to prove beyond reasonable doubt the relevant conspiratorial agreement; the defendants’ intention to carry out the unlawful means which was the subject matter of the charge; and the defendants so acted with a view to subverting the state power.

 

The statement noted that the Hong Kong SAR courts shall exercise judicial power independently, free from any interference. It is extremely inappropriate for the US and some Western countries, anti-China organisations and politicians, foreign media and more to make unwarranted comments on criminal trials which are ongoing in the Hong Kong SAR courts. It is also a complete disregard for the spirit of the rule of law.

 

In the 318-page judgment, the court clearly set out the reasons and consideration underlying the conviction, and confirmed the occurrence of the offence of conspiracy to commit subversion.

 

The Hong Kong SAR Government strongly demands the US and some Western countries, anti-China organisations and politicians, foreign media and more to immediately stop interfering in China’s internal affairs and Hong Kong’s affairs, and stop making baseless reports and maliciously smearing the verdict of the relevant case.

 

It steadfastly safeguards national sovereignty, security and development interests, and fully and faithfully lives up to the highest principle of “one country, two systems”.

 

The Hong Kong SAR Government will resolutely, fully and faithfully implement the NSL, the Safeguarding National Security Ordinance and other relevant laws safeguarding national security in the Hong Kong SAR, to effectively prevent, suppress and impose punishment for acts and activities endangering national security in accordance with the law.

 

It will also maintain the common law system, adhering to the principle of the rule of law and upholding the rights and freedoms of Hong Kong people in accordance with the law, so as to ensure the steadfast and successful implementation of the “one country, two systems” principle.

Back to top