National security conviction shows ‘pursuing democracy is a crime,’ Tiananmen vigil activist says in mitigation hearing

A Hong Kong court's decision to convict an activist under the national security law for her role in organizing annual Tiananmen vigils amounts to saying that "pursuing democracy is a crime," the activist argued during a mitigation hearing on Friday.

Chow Hang-tung, Lee Cheuk-yan, and Albert Ho were convicted last week of inciting subversion under the Beijing-imposed national security law. The ruling has drawn condemnation from rights groups and the United Nations, while the local government has praised it.

The three activists appeared before a panel of designated judges at the West Kowloon Law Courts Building for the mitigation hearing. The judges said they would deliver their sentences within two weeks.

Chow, a former leader of the now-defunct Hong Kong Alliance in Support of Patriotic Democratic Movements of China, was not permitted to read her full mitigation statement. Representing herself, she began reading from her submission when she was interrupted by High Court judge Alex Lee.

"The 206-page judgment, after all, boils down to saying that pursuing democracy is a crime," Chow stated, referring to the court's ruling. She continued, "I find it entirely unpalatable that any political party can barter away a nation’s sovereignty, claim to represent the will of the people, appoint itself as the sole authority, and then insist that citizens are legally bound to uphold its self-fashioned throne."

Judge Lee cut her off, saying, "You can make these statements at another occasion." Chow persisted, arguing that anyone who believes in ending one-party rule in mainland China—a central tenet of the Alliance’s activism that formed the basis for prosecuting the activists—"has nowhere left to stand."

She added, "In the eyes of this brand of 'law', holding such a thought inherently contravenes the Constitution—rendering it unlawful, an original sin." Judge Lee then asked whether she intended to mitigate her sentence. When she confirmed she would, he replied, "So, you will continue to persist?" and noted that the court would take her response into account. Judge Lee also joked that Chow should thank the court, noting that the security case had spread the Alliance’s message globally, drawing chuckles from the public gallery.

Barrister Erik Shum, representing Lee and Ho, requested that the court place the two activists in the lower sentencing band for the offense, which carries a sentence of less than five years in prison. Shum argued that the activists had been convicted of an inchoate offense with no premeditation, roadmap, or timeline. He contrasted their case with that of the Hong Kong 47, who were convicted of a more concrete plan to secure a legislative majority and veto the budget.

Shum also sought a 20 to 25 percent reduction in Ho’s sentence, noting that Ho had pleaded guilty at the start of the trial in January.

Chow and Lee have been held in detention for nearly four years, while Ho has been remanded for three years and six months. Their sentencing is expected within two weeks.