The action against this large group represents the harshest and widest use of Beijing’s national security law in Hong Kong to date, dramatically increasing the number of people charged under the draconian legislation. They are expected to be denied bail and instead remain in detention before trial, like the five charged previously under the security law — a significant departure from Hong Kong’s common law system.
Those charged on Sunday were among more than 50 Hong Kong residents arrested in January under the security law, accused of subversion for holding a primary vote last year ahead of legislative elections. Those legislative elections were ultimately postponed, and some of them were barred from running in them anyway, demonstrating how Beijing is using the full force of laws available to eliminate dissent and political opposition in the city.
At the time, those arrested were detained, questioned and made to turn over their phones and passports, but were released. The charges on Sunday heightens the persecution of the Hong Kong’s activists, who Beijing see as responsible for whipping up anti-government sentiment that led to mass protests in 2019.
The detentions also demonstrate that the law is not just a tool for a intimidation but an active measure to be used against any opposition. The national security law, drafted entirely by Beijing and passed without any consultation in Hong Kong, criminalizes broadly worded crimes like “secession,” “subversion,” “terrorism” and “collusion with foreign forces.” The law has transformed Hong Kong and its institutions, including schools, the media, the legislature and the courts, chipping away at the territory’s promised autonomy which was meant to be preserved until 2047.
Those charged include Benny Tai, who helped organize the unofficial primary last July, designed to select pro-democracy candidates who would run in legislative elections scheduled for a few months later. Tai, a legal scholar and activist who launched protests in 2014 that spiraled into a 79-day occupation of city streets, said that the primary represented a new form of civil disobedience, and hoped the democratic camp would be able to win a majority in the legislature.
The primary, which was held just days after Beijing enacted the new security law, has emerged as an early test of how far the law would go to not only curtail protests — which had fizzled out in the course of the pandemic — but also neutralize any political opposition. Far exceeding expectations, over 600, 000 people participated, choosing candidates who were more radical and against any cooperation with Beijing over the more moderate stalwarts of the pro-democracy camp. Those who emerged as winners, including young activists Lester Shum, Tiffany Yuen, Owen Chow and former legislator Eddie Chu, were also charged on Sunday.
