The case concerning the Hong Kong Alliance in Support of Patriotic Democratic Movements of China (HK Alliance) allegedly inciting subversion of state power saw the dissolved HK Alliance, former co-chairs Lee Cheuk-yan and Albert Ho, and former deputy chair Chow Hang-tung charged with inciting others to subvert state power.The trial commenced on Thursday (22nd) at West Kowloon Court (temporarily serving as the High Court). Defendant Albert Ho pleaded guilty in court, while the remaining defendants—including the first defendant, the Alliance; the second defendant, Lee Cheuk-yan; and the fourth defendant, Chow Hang-tung—pleaded not guilty. After the prosecution read out the admission of facts, Albert Ho indicated agreement with the summary of facts and relevant schedules. The judge consequently declared him guilty and adjourned the trial for sentencing and mitigation.
Prison van entering the court. Photo by Bastille Post reporter
Following the defendants' pleas, Senior Counsel Erik Shum Sze-man, representing Albert Ho, argued that the lengthy case facts rendered it unnecessary to read out the over 30-page agreed facts in court. However, Judge Alex Lee Wan-tang countered that as this was a public trial attracting significant public interest, the public deserved to understand the case details, instructing the prosecution to proceed with reading the agreed facts.
The prosecution read out that since its establishment, the Alliance had consistently adopted "ending one-party dictatorship" as one of its five core principles, serving as its fundamental tenet and objective. Both before and after the National Security Law came into effect, it had extensively advocated and propagated this stance. Following the law's enactment,the acts of advocating and disseminating "ending one-party dictatorship" involved in this case constituted the offence of inciting others to subvert state power.
The prosecution contends that the leadership of the Chinese Communist Party constitutes the most essential characteristic of socialism with Chinese characteristics. The Alliance's platform of "ending one-party dictatorship" amounts to terminating the leadership of the Chinese Communist Party. This is categorically impermissible under the national Constitution, constitutes a violation thereof, and no lawful means exist to terminate the leadership of the Chinese Communist Party.
The prosecution further contends that since its establishment on 15 June 1989, the Alliance has for many years openly propagated its agenda through various avenues and channels. With the objective of "ending the leadership of the Chinese Communist Party", it sought public endorsement and endeavoured to implement the proposition of "ending one-party dictatorship". It incited others to employ unlawful means contrary to the national Constitution to achieve the unlawful goal of "ending the leadership of the Chinese Communist Party".
During the period covered by the charges, Albert Ho, together with Lee Cheuk-yan, Chow Hang-tung held key positions within the Alliance. Lee served as Chairman, while Ho and Chow held the posts of Vice-Chairmen. They persistently incited others to organise, plan, implement, or participate in the implementation of the programme or advocacy of "ending one-party dictatorship", to overthrow or undermine the fundamental system of the People's Republic of China established by the Constitution of the State, and to overthrow the central organs of state power, with the aim of subverting state power.intending that those incited would organise, plan, implement or participate in actions to end the leadership of the Chinese Communist Party through illegal means violating the national constitution.
Senior Counsel Erik Shum Sze-man, representing Albert Ho. Photo by Bastille Post reporter
Lee Cheuk-yan, Albert Ho and Chow Hang-tung also incited others to support and perpetuate the operation of the Alliance, thereby continuing to advocate and propagate the programme or proposition of "ending one-party dictatorship" and amplifying the effect of that unlawful programme or proposition. Examples include inciting others to join or endorse the Alliance,inciting others to advocate and propagate the Alliance's platform, participate in or support its activities, and raise funds.
The prosecution contends that the Alliance possesses organisational structure, public character and continuity, with over 200 member groups. It elects 20 standing committee members annually to manage daily affairs and regularly holds events such as the June Fourth vigil each year. It operates and maintains the so-called "June Fourth Memorial Museum", disseminates content, and organises various activities.During the 2019-2020 financial year, the Alliance's net assets stood at HK$13.24 million, with total income of HK$2.03 million. Of this, HK$650,000 originated from donations, while HK$1.15 million derived from event revenues.
The prosecution further contended that over many years, the Alliance had utilised various avenues to propagate its advocacy for "ending one-party dictatorship," thereby seeking to garner broader public endorsement and support. This, it was alleged, incited individuals to organise, plan, implement, or participate in acts aimed at subverting state power.
The prosecution noted that following the enactment of the National Security Law, Albert Ho continued to hold key positions within the Alliance, including Vice-Chairman, Director, and Standing Committee Member. The Alliance utilised diverse channels to propagate its organisational structure and advocacy, alongside fundraising activities. These included departments such as Organisation, Communications and Publications; Education and Youth; the establishment of the so-called "June Fourth Memorial Museum";internet platforms, organising exhibitions, publishing newsletters, and utilising online social media platforms. Under the guise of so-called democratic concepts, it disseminated negative content targeting the state, thereby inciting public aversion and hatred towards state power.
The prosecution further cited multiple specific instances demonstrating that Albert Ho, together with Lee Cheuk-yan and Chow Hang-tung, repeatedly made statements in various public forums under the HKASN banner inciting others to subvert state power.
The case is being heard by three Hong Kong National Security Law designated judges of the Court of First Instance of the High Court: Mr Justice Lee Wan-tang, Mr Justice Chan Chung-hang and Madam Justice Lai Yuen-kee. The trial is expected to last 75 days.
The defendants are the Alliance, Lee Cheuk-yan, Albert Ho Chun-yan, and Chow Hang-tung. The charges allege that between 1 July 2020 and 8 September 2021 (both dates inclusive), the four defendants incited others in Hong Kong to organise, plan, implement, or participate in acts aimed at subverting state power by unlawful means.
Foreign consular officials in Hong Kong enter the courtroom to observe proceedings. Photo by Bastille Post reporter.
