Gang Aoping

A court in the Hong Kong Special Administrative Region (HKSAR) recently delivered sentences for the case of "conspiracy to subvert the state power" in Hong Kong, which involves Benny Tai Yiu-ting and others. People from all walks of life in Hong Kong widely recognizes that people like Tai deserve their punishment, and expressed their approval of the sentences. However, the governments of a handful of countries, including the United States, and certain politicians have impatiently come forth to attack the court ruling, wantonly smearing the national security legislation in Hong Kong and the situation of democracy and freedom in the region. They even went so far as to clamor for so-called new "sanction" measures against Hong Kong. Such despicable behavior will undoubtedly be strongly condemned by all Chinese, including the people of Hong Kong, and their efforts will undoubtedly be proved futile and be met with resolute countermeasures.

——The falsehoods, distortion of facts and disinformation by the governments and certain politicians of the United States and a few other countries

Are the convicts in the case real advocates of democracy? It is widely known that the main culprits in this case, including Tai, are perpetrators of the illegal "Occupy Central" movement, proponents of "Hong Kong independence," and fervent supporters of the so-called "mutual destruction" schemes. They serve as the pawn for external forces in instigating a "color revolution" in Hong Kong. Their promotion of fallacious concepts like "breaking the law in the name of so-called justice" and "mutual destruction" has been the ideological cancer fueling the rampant "Hong Kong independence" activities, the violent riots, and the destruction actions during the violent turbulence of 2019 . They are far from being genuine advocates of democracy. Instead, by deceiving and misleading both the people of Hong Kong and the international community, betraying the nation and wreaking havoc in Hong Kong, and trampling upon the fundamental interests of the Hong Kong people, they are the true destructors of democracy in Hong Kong.

In terms of the nature of this case, can we consider their actions as a pursuit of democracy?  The trial has revealed a wealth of factual evidence that clearly demonstrates the so-called "primary election" was nothing but a pretext. In essence, it was an attempt to seize a majority of seats in the Legislative Council, paralyze the functioning of the Hong Kong Special Administrative Region (HKSAR) government, and create a constitutional crisis. Its ultimate aim was to undermine, destroy, or overthrow the existing political system and the framework established under the Basic Law and the "One Country, Two Systems" principle. Such behavior is not at all a pursuit of democracy, but an organized, premeditated, and active effort of conspiracy to subvert the state power through illegal means, posing a serious threat to national security. It is precisely an act that undermined the electoral system and the process of democratic development in Hong Kong.

In terms of the trial in this case, can we label the judgment against those individuals as a so-called "political trial"? The judicial authorities of the HKSAR exercise their judicial powers independently in accordance with law. The proceedings are fair and transparent, fully guaranteeing the legal rights of the defendants. Sentencing decisions are strictly based on facts and law, reflecting the principle of proportionality between crime and punishment, and fully demonstrating the rule of law and justice. It is absurd to see how a serious national security case, with a clear criminal nature and solid evidence, that has been lawfully tried, is being wrongly portrayed by the governments of the United States and relevant countries and certain politicians as one that involves "democratic movement." Their attempt to distort the legitimate and just actions of the SAR in lawfully punishing criminals, and to smear the case as undermining freedom and democracy, is utterly ludicrous and groundless.

—— The double standards by the governments of the United States and relevant countries and certain politicians on national security issues

When it comes to safeguarding their own national security, the United States and a few other countries have been maintaining an extremely strict approach, often going so far as to abuse the concept with excessive and overly broad-reaching measures, capriciously violating human rights and freedoms. The national security-related laws of the United States, United Kingdom, Australia, Canada, and some EU countries are convoluted and increasingly stringent, showing no leniency in combating relevant crimes, such as subversion of the state power. Numerous scandals have emerged, revealing their abuse of national security as a pretext to violate human rights and freedoms. Take the United States for example, it has more than 20 national security-related laws. The Smith Act passed as early as the 1940s has made it a criminal offense to advocate the violent overthrow of the government or to join any group devoted to such purpose. Also, detailed provisions regarding the crime of sedition and subversive activities are outlined in the U.S. Code Chapter 115. Over 1,200 individuals were arrested and prosecuted in connection with the U.S. Capitol riots in 2021, with many charged with crimes related to subversion. The heaviest sentence among them is up to 22 years. United Kingdom’s new national security law, implemented last year, has been widely criticized for its vague provisions and broad powers granted to law enforcement. During this year’s anti-immigration protests, British police swiftly arrested more than 1,000 individuals, with courts operating around-the-clock to expedite trials and send protest participants to prison as quickly as possible. Such a reckless approach completely disregards the legitimate rights of those involved.

Governments and politicians in the United States and a few other countries ignore their own harsh laws on national security and their poor track records in protecting freedom and human rights. Instead, they interfere unjustifiably with the HKSAR’s legitimate and just rulings, such as the convictions of Benny Tai Yiu-ting and others for conspiracy to subvert state power, revealing their hypocritical double standards.

——The governments and politicians of the United States and a few other countries blatantly trample on the principles of the rule of law and shield anti-China rioting elements in Hong Kong, revealing their unchanging malicious intent to destabilize Hong Kong and contain China.

The rule of law in the Hong Kong SAR is widely recognized. Since the implementation of the Hong Kong National Security Law and the Safeguarding National Security Ordinance, activities endangering national security have been curbed, social order restored, the spirit of the rule of law upheld, and the business environment optimized. Hong Kong residents’ legitimate rights are better protected in a safer environment.

Nevertheless, the governments and politicians of the United States and a few other countries are intent on undermining this hard-won progress.  They have repeatedly interfered in Hong Kong's judicial affairs, sought to damage its rule of law, and openly supported anti-China and destabilizing forces in Hong Kong.

For instance, in the case of Benny Tai Yiu-ting and others who were charged with conspiracy to subvert the state power, foreign officials exerted undue pressure on the SAR government and judiciary, issuing statements and reports, dispatching consular officers to attend court hearings, and even demanding the repeal of the National Security Law and the release of convicted individuals. Following the court’s sentencing, they attacked the rulings under the pretext of “concerns for Hong Kong’s democracy and freedom,” smeared Hong Kong’s rule of law, and even threatened to impose sanctions. Such actions blatantly interfere with Hong Kong’s judicial independence and undermine the fairness of its legal system.

Such actions have long revealed the true intentions of the governments and politicians of the United States and a few other countries. They are not genuinely concerned about Hong Kong’s democracy and freedom but are instead trying to rescue their proxies to continue their destructive activities in Hong Kong. Their true intention is not to protect Hong Kong residents' welfare but to obstruct Hong Kong’s progress and the successful practice of “One Country, Two Systems” to disrupt the process of China’s national rejuvenation.

Safeguarding national security is a top priority in any country or region. Adhering to the law and holding violators accountable are fundamental principles of the rule of law.  The HKSAR court’s judgment in the case of Benny Tai Yiu-ting and others is a necessary and legitimate measure to safeguard national security and uphold the rule of law in Hong Kong. It is beyond reproach.

Hong Kong society fully supports the SAR government’s efforts to safeguard national security and the rule of law. Polls show that over 85 percent of respondents believe that the crime of conspiracy to subvert the state power is serious, and more than 86 percent support the court’s ruling. The facts have and will continue to demonstrate that external interference and threats are nothing but noise and empty rhetoric.

The central government firmly supports the HKSAR in fully and accurately implementing the national security legislation in Hong Kong, preventing, suppressing and posing punishment for the acts that endanger national security in accordance with the law, resolutely safeguarding the dignity of the rule of law, and strongly countering any sanctions or threats. It will also fully protect the legitimate rights of SAR government officials and judicial personnel.

Hong Kong's judicial independence must not be infringed upon.  Any delusions of "destabilizing Hong Kong and containing China" will inevitably be crushed under the wheels of the "Hong Kong" train, as it moves forward in the new era!