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SCMP Editorial

Beijing’s passing of a national security law for Hong Kong in 2020 established new crimes, institutions and procedures.
Five years on, with many cases proceeding, the implementation of the law is still at a relatively early stage. Lessons can be learned and improvements made.
The Court of Final Appeal highlighted one area deserving attention last week. Three former senior members of the now-disbanded Hong Kong Alliance in Support of Patriotic Democratic Movements of China won their appeals against conviction.
They had been found guilty of failing to comply with a police order to supply information about the organisation as part of an investigation. They were each sentenced to 4½ months in jail.
The top court quashed their convictions, finding there to have been a miscarriage of justice. Chow Hang-tung, Tsui Hon-kwong and Tang Ngok-kwan had received the order to provide information, including details of members, donors, financial records and activities, on the basis that the police commissioner “reasonably believed” the organisation to be a foreign agent.
But the court held reasonable belief was not enough. This approach, not needing court approval, required proof the group was a foreign agent. Without it, the order was invalid.
The five judges also took issue with the redacting of much of the material the authorities relied on in the case.
This was claimed to be in the public interest. But the top court said it prevented a fair trial while depriving the prosecution of evidence. The trio had been wrongly refused the right to challenge the validity of the police order at their trial, too.
The judgment should prompt reflection. The government said it would respect the ruling and review its experience in enforcing the national security law.
Sun Qinye, deputy director of Beijing’s Office for Safeguarding National Security in Hong Kong, said implementation of the law should continue to improve.
This is the right approach. Hong Kong’s courts have the responsibility to apply the law. It takes time for cases to reach the highest court, where the most authoritative judgments are delivered. In this way, the law is clarified and precedents set.
The top court delivered a second judgment the same day, this one concerning the old sedition law. It went in favour of the government.
The convictions of activist Tam Tak-chi were upheld. The court found the law, replaced by a new version last year, was not limited to the incitement of violence or public disorder.
The ruling resolved long-standing uncertainties. It is natural for some cases to be won by the government and others lost under the rule of law no matter how sensitive the issues. The judgments demonstrate the independence of the city’s judiciary and its impartial application of legal principles.


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Opinion

Hong Kong’s Court of Final Appeal quashes the convictions of three activists while ruling in favour of government in a separate case


Hong Kong’s Court of Final Appeal quashes the convictions of three activists while ruling in favour of government in a separate case.


Hong Kong

Hong Kong national security law (NSL)

Hong Kong politics

June 4 vigil in Hong Kong

Hong Kong protests

Crime in Hong Kong

Expresses the views, ideas and conclusions of the author. (Eg. Enough of Crazy Rich Asians, think of crazy poor Hongkongers.)


Column

Editorial

Judgments reflect the independence and impartiality of Hong Kong’s courts

.css-1c6uqr6{color:inherit;font-weight:inherit;font-size:inherit;font-family:inherit;line-height:inherit;overflow-wrap:break-word;}Hong Kong’s Court of Final Appeal quashes the convictions of three activists while ruling in favour of government in a separate case

Hong Kong’s Court of Final Appeal quashes the convictions of three activists while ruling in favour of government in a separate case