Court case of 47 Hong Kong democracy activists to resume on November 29 By Reuters
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© Reuters. Tat Cheng Tathung (C), a prominent pro-democracy activist, was arrested for conspiracy to subvert the national security law. She arrived at West Kowloon Magistrates’s Courts building on September 23, 2021. 2/3
By Jessie Pang
HONG KONG (Reuters) – A closely monitored national security case involving 47 Hong Kong democracy activists charged with conspiracy to commit subversion, most of whom have been in custody for more than six months, will resume on Nov. 29, a judge ruled on Thursday.
According to Magistrate Peter Law of the Western Kowloon Court, more time is needed for legal proceedings. According to Hong Kong laws, media cannot publish the content of these proceedings.
It is expected that the case will be moved to the High Court.
While national security crimes can be punished with up to life imprisonment, only high courts are able to issue such severe sentences. Only the West Kowloon Court is allowed to give sentence of three years.
They are part of a group that includes opposition politicians. The arrests were made under the national security law Beijing placed on Hong Kong last year. It is criticised for reducing the rights promised by China’s return to Chinese rule in 1997.
Beijing and Hong Kong’s government claim the law is essential to protect stability and prosperity, and prevent outside interference.
Only 14 of the 47 were granted bail. They are accused of taking part in an informal, non-binding, and independent organised primary vote to choose candidates for the since postponed local election. Authorities claim this was a “vicious plot to subvert” government.
The case is being closely monitored by rights and diplomats. There are growing concerns about Hong Kong’s independence as a judicial system. This foundation has helped to build its financial reputation.
Authorities repeatedly stated that the judiciary was independent and upholding rule of law. Authorities have repeatedly stated that prosecutions are independent and based upon evidence. They also claimed they had no connection with the backgrounds or professions of suspects.
The March bail hearings for 47 defendants lasted four days, and were extended into the evening. Many of the defendants fell ill, and many of their bail appeals were denied.
In order to prove they won’t break the security law, defendants must meet a certain threshold. It is an exception to common law that places the burden on prosecutors to justify their detention.
Unanswered email from the U.S. Consulate, and WhatsApp messages to foreign journalists were reasons for denial of bail. These emails proved that there was a danger that defendants might endanger national security by being released on bail.
Diplomats and rights organizations have been stunned by the protracted hearings, as well as the reasons given for refusing bail. They see this as an ominous display of China’s autoritarian rule.
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