HK denies jury trial to democracy advocates

HONG KONG • Hong Kong has denied a jury trial to dozens of democracy advocates facing life in prison under a China-imposed national security law, local media reported yesterday.

Justice Secretary Paul Lam ordered the city's largest national security case to be held before a panel of three handpicked judges in a document dated last Saturday, according to the South China Morning Post.

His decision upholds a break with Hong Kong's common law judicial tradition in such cases - so far, no national security law defendant has been granted a jury.

Mr Lam wrote that a jury trial carried "a real risk that the due administration of justice might be impaired", according to the newspaper, which saw the document. He named "involvement of foreign factors" and the "personal safety of jurors" as reasons for the decision, citing provisions in the law for mandating a trial by judge.

The order is likely to fuel growing concern that Hong Kong's legal system, for decades a fundamental pillar of its standing as an international financial centre, is becoming more influenced by the mainland where the Communist Party controls the courts.

A Department of Justice spokesman declined to comment on individual cases or share the document, only saying the justice secretary considered cases "in accordance with the relevant laws of the national security law of Hong Kong and the individual circumstances of each case". He added that "the purpose is to ensure a fair trial, uphold judicial justice, and in no way detract from any legitimate rights and interests of the defendant".

The 47 activists are being prosecuted for subversion, after organising a primary that drew more than 600,000 voters to choose candidates for Legislative Council polls.

Authorities argue that the vote in July 2020, as well as plans to force the resignation of then Chief Executive Carrie Lam using a provision of the city's mini-Constitution, were an illegal attempt to paralyse the government.

Separately, a Hong Kong court yesterday lifted a reporting restriction in a landmark security case involving the now-disbanded group that organised the city's annual Tiananmen Square crackdown vigils, local media reported.

Lower court magistrate Peter Law overturned his previous restriction on pre-trial proceedings, after defendant Chow Hang-tung filed a legal challenge. It is the first time such hearings in a national security case will be able to be reported.

Three former leaders of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China have been denied bail since being charged with subversion last September.

BLOOMBERG