Joephy Chan says Hong Kong must not allow any individual or organization to drag the city back into political division and social turmoil

On Aug 21, the High Court of the Hong Kong Special Administrative Region delivered its verdict in the case involving the “Hong Kong Alliance in Support of Patriotic Democratic Movements of China”. Individual offenders Lee Cheuk-yan and Chow Hang-tung, along with the organization, were found guilty of incitement to subversion of State power, while Albert Ho Chun-yan had earlier pleaded guilty and was convicted.

The verdict fully demonstrates the spirit of the rule of law and upholds the principle of national security. Its significance lies not merely in the conviction of the defendants, but in its sending out of a clear message:  No individual or organization can override the law under any pretext, nor can they use “freedom of speech” as an excuse to provide shelter for acts that endanger national security.

The case was heard through judicial proceedings in which both the prosecution and defense had the opportunity to present their respective arguments, with the court reaching its verdict based on the evidence and applicable law. The Hong Kong SAR government stressed after the verdict that the case was adjudicated according to the law and evidence, without taking into account the defendants’ political views. Some have attempted to frame the case as “repression” of freedom of expression. Such a narrative overlooks the most fundamental fact: The court did not judge based on the defendants’ political views but on whether their acts had endangered national security. The organization’s longstanding advocacy platform and political position are an essential part of the background to this case and cannot simply be brushed aside. For many years, the group was not merely an ordinary organization engaged in commemorative activities. Its publicly stated advocacy had long included ending the leadership role of the Communist Party of China (CPC) in the nation. What the court had to consider in this case was the legal significance of the relevant statements, conduct and activities, as well as their impact in the specific social and political context.

The group had attempted to end the leadership role of the CPC and overthrow the fundamental system of the State established under the nation’s Constitution. Article 22 of the Hong Kong SAR National Security Law expressly prohibits acts carried out by unlawful means to subvert State power or undermine the fundamental system of the State. The group’s advocacy clearly goes beyond ordinary political expression into incitement of hostility toward the nation’s constitutional system.

The reactions of certain Western politicians, media outlets, and other apologists revealed the glaring double standards in their approach to national security. Following the verdict, the United Kingdom government immediately issued a statement criticizing the ruling. The UK’s response should prompt Hong Kong society to remain clearheaded.

Since the UK government made inaccurate reference to the 1984 Sino-British Joint Declaration in its official response, it is crucial to point out that the Joint Declaration essentially concerns only China’s resumption of the exercise of sovereignty over Hong Kong. It did not grant the UK any sovereignty, jurisdiction, or the so-called right of supervision over Hong Kong after its return to the motherland.

Hong Kong is now at an important stage of moving from regaining stability toward greater prosperity and development. The SAR must not allow any individual or organization to drag the city back into political division and social turmoil. Only by strengthening the foundations of security can Hong Kong steadily boost the economy, pursuing development and improving livelihoods.

Hong Kong’s hard-won stability must not be put at risk again. This is one of the most important lessons Hong Kong society learned from the 2019-20 riots.  The rule of law is the bottom line; national security is the foundation; and only on that foundation can economic prosperity and development be achieved.

The author is a member of the Legislative Council and the UN Association of China.

The views do not necessarily reflect those of China Daily.