What to know about the trial of former Tiananmen vigil organizers before a verdict

HONG KONG -- A verdict is expected Friday in the case of two organizers of an annual Hong Kong vigil to remember the 1989 Tiananmen Square crackdown who are being tried under a China-imposed national security law that has stifled Hong Kong's pro-democracy movement.

Lee Cheuk-yan and Chow Hang-tung, former leaders of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China, were charged in September 2021 with inciting subversion and face a maximum jail term of 10 years if convicted.

The activists pleaded not guilty when their trial opened in January and are expected to appear in court Friday. If convicted by three government-approved judges, they likely will be sentenced at a later date.

For three decades, the now-disbanded alliance organized the only large-scale, public commemoration in China that attracted tens of thousands annually until the event was banned in 2020 following the outbreak of the coronavirus pandemic.

Observers say the activists' prosecution and the disappearance of the vigil symbolized the loss of freedoms that Beijing promised to maintain for 50 years when the former British colony returned to Chinese rule in 1997. The government said its law enforcement actions were evidence-based and strictly in accordance with the law.

Here’s what to know about the case:

Pair organized China’s only large-scale memorial for massacre

The 1989 pro-democracy protests in Beijing's Tiananmen Square were one of the biggest challenges to the Communist Party’s rule in China. The government sent tanks into the heart of the capital city and troops opened fire on the student-led demonstrations in a bloody crackdown that killed hundreds, possibly thousands.

The event immediately became an official taboo in mainland China. But the alliance held annual vigils in Hong Kong to keep memories alive across the border until authorities banned the public remembrances during the pandemic, citing risks to public health.

Weeks after the ban, Beijing imposed the national security law that was later used to prosecute Lee, the alliance's former chairperson, and Chow, a former vice chair. Authorities deemed the legislation crucial for Hong Kong’s stability following anti-government protests in 2019.

The alliance voted to disband in the same month as the pair was charged.

Beijing-imposed security law used to charge activists

Many other leading activists are now also jailed under the 2020 law, including the pro-democracy former media tycoon Jimmy Lai. Dozens of other civil society groups also disbanded following its introduction.

In the Lee and Chow trial, prosecutors argued they incited others to use unlawful means to topple China’s fundamental system and central political bodies, including inciting the overthrow of the Communist Party's leadership through calls for “ending one-party rule,” which was one of the alliance’s core demands.

The defense denied they meant to end the party's leadership, arguing the slogan was about moving toward democracy and urging the party not to enforce “dictatorship.” It insisted the alliance had not asked people to adopt any illegal means.

Chow, a barrister who defended herself, cautioned that if the court fails to gatekeep over the reasonable effects of their statements, it could easily become an accomplice by tolerating the crimes committed by those in power.

Albert Ho, their co-defendant and former vigil organizer, earlier entered a guilty plea in a move that typically results in a reduced sentence. His sentencing is pending.

Observers say trial is a bellwether for city's civil rights

The government earlier said all accused have the right to a fair trial and the courts exercise their power independently. But critics consider this case and its result a litmus test of Hong Kong's civil rights and judicial independence.

The existence of the alliance and the city's annual vigil have been considered key characteristics of Hong Kong under China's “one country, two systems” governing framework in the past, said Eric Lai, a senior fellow with the Georgetown Center for Asian Law.

They were symbols of the city's autonomy, Lai said.

He noted the charge of inciting subversion was commonly used in mainland China to criminalize the acts of human rights lawyers, activists and intellectuals, including late Nobel laureate Liu Xiaobo.

“We can see to what extent the court in Hong Kong falls into the level of the party-led judiciary in the mainland through the criminal verdict,” Lai said.