Published: 18:14, November 19, 2024 | Updated: 19:52, November 19, 2024
Officials: High Court ruling on illegal primaries upholds rule of law
By Fang Xue in Hong Kong
Armed police officers stand guard outside the West Kowloon Law Courts Building in Hong Kong on Nov 19, 2024, ahead of the sentencing of 45 people convicted of the offense of conspiracy to commit subversion under the National Security Law for their involvement in a so-called “primary election” held in July 2020. (ADAM LAM / CHINA DAILY)

Officials from the central authorities and Hong Kong Special Administrative Region on Tuesday said a court’s ruling on the city’s largest ever subversion case defends the spirit of the rule of law and highlights the city’s resolve to safeguard national security.

On Tuesday morning, the High Court passed sentences on those involved in the “primary election” scheme in 2020 — an unofficial poll that aimed to help the opposition camp win a legislative majority and eventually paralyze the SAR government.

Of the 47 defendants, 45 were convicted of conspiracy to subvert State power, and received prison terms ranging from 50 months to 10 years, while two were acquitted.

Lin Jian, spokesperson for China’s Foreign Ministry, takes a question during a regular press conference at the ministry in Beijing, China, on Oct 21, 2024. (PHOTO / MINISTRY OF FOREIGN AFFAIRS, CHINA)

During a news conference in Beijing, spokesperson for the Ministry of Foreign Affairs Lin Jian said that Hong Kong upholds the rule of law, and that adherence to laws and holding offenders accountable are foundational principles.

He stressed that no individual should be allowed to partake in unlawful acts under the pretext of democratic freedom and then seek to evade legal consequences.

ALSO READ: Benny Tai gets 10 yrs; others between 4 and 7 yrs & nine months

He said that allegations made by some Western countries, which ignore the fact that their own countries maintain their national security through judicial procedures, lacked merit regarding the impartial enforcement of the National Security Law of Hong Kong by the city’s courts and contravened the spirit of the rule of law.

The central government will continue to firmly support the Hong Kong SAR in safeguarding national security and in prosecuting any activities endangering national security in accordance with the law, Lin added.

Secretary for Security Chris Tang Ping-keung presents the letter of appointment to the representative of national security mentors during the Launching Ceremony of the National Security Education District Tutor Training Scheme at the Hong Kong Museum of History on Nov 18, 2024. (EDMOND TANG / CHINA DAILY)

At a news conference on Tuesday afternoon, Secretary for Security Chris Tang Ping-keung said that the lengths of the sentences clearly reflects the seriousness of the offenses and demonstrates the government's determination to severely punish crimes that endanger national security.

Thanking the law enforcement officers from the Police Force and the Department of Justice who participated in the investigation and prosecution of the case, Tang also said that the city is still facing national security threats posed by external forces and radicals inside the city.  

Tang emphasized that the SAR government will continue to enforce the law fearlessly to prevent, stop and punish activities that undermine national security.

ALSO READ: CE: HK must not let its guard down on national security risks

Senior Counsel Ronny Tong Ka-wah, who is also a member of the city’s Executive Council, said that the sentences and the trial reflect the respect accorded to the basic principles of Hong Kong’s common law system, which has been retained by the city under the principle of “one country, two systems”.

He noted that the sentences of the 45 defendants varied depending on their roles in the case, which was decided using common law principles.

Residents wave the national flags during a bus parade to celebrate the National Security Education Day in Hong Kong on April 15, 2024. (EDMOND TANG / CHINA DAILY)

Lau Siu-kai, a consultant with the Beijing-based think tank Chinese Association of Hong Kong and Macao Studies, said that the ruling reflects the determination of the SAR government to ensure that the law is followed in safeguarding national security and ensuring the stability of Hong Kong.

Lau noted that, for a long time, the opposition camp, with the support of external forces, had placed politics above the law, claiming to fight for Hong Kong's democracy while challenging the city's laws to achieve their political goals.

The SAR government prosecuted those people according to the law, and brought them to justice, Lau said.

Lawmaker Nixie Lam Lam said that the case, which led to the city’s first subversion trial under the National Security Law for Hong Kong, has attracted widespread attention and the sentences are not only "a correction" of the past chaos, but also an important step towards rebuilding social stability.

READ MORE: CE warns public to beware of national security risks

It also sends a strong message that any attempt to subvert the government and endanger social stability will be severely punished by law, she said.

fangxue@chinadailyhk.com