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Brian Wong

A Hong Kong court has dismissed a detained activist’s request to allow three dissidents involved in the 1989 Tiananmen Square protests and two others to testify remotely in her subversion trial next year.
The High Court on Monday turned down Chow Hang-tung’s application after the prosecution urged the three presiding judges to “defer to” a government determination that barring witnesses from giving evidence in national security trials via a video link would be in the country’s interests.
Chow, a barrister by profession, will stand trial next year for allegedly inciting subversion in her capacity as vice-chairwoman of the now-disbanded Hong Kong Alliance in Support of Patriotic Democratic Movements of China.
Candlelight vigils organised annually by the alliance had been the only large-scale public gathering on Chinese soil to remember the 1989 Tiananmen Square crackdown.
The alliance, ex-chairman Lee Cheuk-yan and former vice-chairman Albert Ho Chun-yan will also be tried for the same offence, which is punishable by up to 10 years’ imprisonment under the national security law imposed by Beijing in June 2020.
Chow told the court on Monday she had intended to defend her case by asking three exiled dissidents to testify from abroad.
They are former student leaders Wuer Kaixi and Zhou Fengsuo, as well as protester Fang Zheng, who had his legs amputated after being run over by a tank during the crackdown.
The court heard Chow also wished to rely on the evidence of Danish sculptor Jens Galschiot, who had created a statue to commemorate the crackdown, as well as American political scientist Larry Diamond.
Chow said none of her intended witnesses would be able to appear in next year’s trial because they had either been denied entry to Hong Kong or mainland China before, or had no intention to visit the city.
The court in general has the power to decide whether to allow certain witnesses to give evidence remotely in a trial.
That rule has been amended under the Safeguarding National Security Ordinance, which stipulates that no person can testify in a national security case without his or her physical appearance in the witness box.
The ordinance, which was enacted in March this year as required under Article 23 of the Basic Law, the city’s mini-constitution, also acts retrospectively to overturn any permission previously given to a witness to give evidence remotely in a case pertaining to the nation’s interests.
The prosecution on Monday referred to a court statement by Simon Wong Tim-pui, a principal assistant secretary of the Security Bureau.

Wong said the Committee for Safeguarding National Security, chaired by city leader John Lee Ka-chiu, believed the ban was necessary to ensure the integrity of proceedings.
Ivan Cheung Cheuk-kan, for the justice department, said the committee’s conclusion contained “an extremely high reference value” and that the court “should defer to its overall opinion”.
But Chow argued the ban’s introduction was politically spurred and deliberately omitted during the ordinance’s legislative process to avoid public discussion on the matter.
She stressed the prosecution’s claim that overseas witnesses were susceptible to interference was unfounded. Instead, many people could not comfortably take the witness box because of the prevailing political climate.
“This discriminatory legal amendment was introduced not based on past events that actually happened, but based on groundless speculations and prejudice against defendants in national security cases,” Chow told the court.
Mr Justice Alex Lee Wan-tang, however, suggested that an overseas prosecution witness might be subject to harassment if he gave evidence in a national security case from an “unfriendly” country.
Fellow judge Johnny Chan Jong-herng added that the executive branch could be in a better position in assessing national security risks.
The bench, also presided over by Madam Justice Anna Lai Yuen-kee, has reserved its detailed reasons for rejecting Chow’s request.


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Chow Hang-tung is a former vice-chairwoman of the now-disbanded Hong Kong Alliance in Support of Patriotic Democratic Movements of China. Photo: AFP

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Chow Hang-tung was convicted of incitement over calls for people to join an unauthorised candlelight vigil in 2021 and sentenced to 15 months in jail in January 2022. Photo: AFP

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Chow Hang-tung is awaiting trial on a charge of inciting subversion over her role as former vice-chairwoman of the now-dissolved Hong Kong Alliance in Support of Patriotic Democratic Movements of China. Photo: AFP

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Chow Hang-Tung is awaiting trial on a charge of inciting subversion in her role as former vice-chairwoman of the now-dissolved Hong Kong Alliance in Support of Patriotic Democratic Movements of China. Photo: Getty Images

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News

Hong Kong

Law and Crime

High Court turns down application by Chow Hang-tung, who will stand trial next year for allegedly inciting subversion


High Court turns down application by Chow Hang-tung, who will stand trial next year for allegedly inciting subversion.


Hong Kong national security law (NSL)

Tiananmen Square crackdown

June 4 vigil in Hong Kong

Hong Kong protests

Subversion trial judges reject Hong Kong activist’s bid to have 5 people testify remotely

.css-1c6uqr6{color:inherit;font-weight:inherit;font-size:inherit;font-family:inherit;line-height:inherit;overflow-wrap:break-word;}High Court turns down application by Chow Hang-tung, who will stand trial next year for allegedly inciting subversion

High Court turns down application by Chow Hang-tung, who will stand trial next year for allegedly inciting subversion