The unofficial primary at the center of the case was held in July 2020 despite warnings from officials that it could violate the NSL. However, more than 600,000 Hong Kongers voted to select opposition candidates to run in the upcoming Legislative Council (Hong Kong's smaller parliament, LegCo) elections.
But the elections were postponed, and when they were finally held in December 2021 after controversial reforms, pro-Beijing candidates took power. Only 30% of the city voted. The new law allows the Chinese government to cherry-pick who can run for public office, and many of the most prominent opposition lawmakers were already facing prosecution under the NSL.
Authorities defended the prosecution of the 47 activists, saying they had a “vicious plot” to undermine the government.
However, the trial was controversial. The NSL allows decisions to be made by three judges handpicked by the Hong Kong government rather than a jury, in what appears to be a departure from Hong Kong common law traditions.
Most of the defendants have been in prison since their arrest in January 2021. Although the trial began in early 2023, bail was denied and pre-trial detention soon became the norm in NSL cases.
The first bail hearing lasted four days, with the defendants denied the possibility of changing clothes or even taking a shower. Ten of them later fainted and several were taken to hospital.
Eric Lai, a researcher at Georgetown's Asia Law Center, told the BBC that the case was “a trial for the Hong Kong democracy movement.”
“This ruling effectively eliminates the entire political opposition in Hong Kong,” said Sunny Cheung, who also ran in the July 2020 primary but left the city.
Currently in exile in the United States, he said he misses his fellow activists. “I dream of my comrades fighting for democracy together. The survivor’s guilt is enormous.”
Additional reporting by Frances Mao from Singapore
