Remarks by S for S at media session on sentencing of incitement to subversion case of “Hong Kong Alliance” (with video)
******************************************************************************************
Following are the remarks by the Secretary for Security, Mr Tang Ping-keung, at a media session on the sentencing of the incitement to subversion case of the “Hong Kong Alliance” this afternoon (September 11):
Secretary for Security: Regarding the case in which the “Hong Kong Alliance” (the Alliance), Lee Cheuk-yan, Ho Chun-yan and Chow Hang-tung were charged with incitement to subversion, following the conviction by the Court of First Instance on August 21, the court provided its sentence today. The 3 accuseds were sentenced to jail time varying from 5 years and 2 months to 7 years and 3 months. The Alliance was sentenced to a fine of $1,500,000.
The court ruled that the situations of the offenses of incitement to subversion devoted in this case were of a “serious nature”The sentence passed need to show the intensity to maintain the guideline of law. The Hong Kong Special Administrative Region (HKSAR) Government thinks about that the sentence manifests that justice is done and safeguards the core worths of Hong Kong.
I should restate that the Constitution is the essential law of our nation. In its factors for decision, the court mentioned that the Constitution and the Basic Law together develop the constitutional order of the HKSAR, and the preamble and Article 1 of the Constitution make it clear that the management by the Communist Party of China (CPC) is the core and structure of the constitutional order of individuals’s Republic of China (PRC). Under the Constitution, toppling or weakening the management status of the CPC amounts toppling or weakening the essential system developed by the Constitution, which is restricted under Article 22 of the Hong Kong National Security Law (HKNSL). No constitution of any nation would enable people to overturn the constitutional order and the basic system of the nation developed by the constitution.
The goal of the Alliance was specifically to topple the management status of the CPC and the essential system of the PRC under the Constitution. The organisation performed numerous activities in public over an extended period with an intent to plant seeds of hatred versus the CPC and the Central Government in Hong Kong society and prompt others to overturn state power, which need to be hindered in accordance with the law.
The court has actually restated in the factors for sentence that the accuseds were prosecuted not due to the fact that of their political ideology or their words or deeds before the HKNSL. They were founded guilty entirely on the basis that they had actually dedicated acts in offense of the HKNSL throughout the charge duration.
The court did decline the accuseds’ claims that they did not comprehend the HKNSL. The offenders were well conscious that their advocacy would oppose the Constitution, however still firmly insisted on going their own method, and likewise motivating others to continue.
The factors for sentence likewise clearly set out 6 reasons today case was of a “serious nature”:
(1) At the product time of the case, some people were still reluctant to accept the workout of sovereignty by the state over the HKSAR, nor were they going to accept the constitutional order developed by the Constitution and the Basic Law. The offenders participated in prompting words and deeds in the middle of a rough and unclear social environment, putting nationwide security and public order at higher threat.
(2) The offenders’ criminal conduct was not a separated occurrence, continuing for a duration of as long as 14 months;
(3) The offenders devoted the offenses through different activities and on numerous social networks platforms;
(4) The accuseds had mobilising power and impact, with the effect of their words and deeds on the public far surpassing that of lesser-known people;
(5) The accuseds’ activities were city-wide with a comprehensive reach, affecting individuals of various age, and their possible damage needs to not be undervalued; and
(6) Despite the offenders’ belief that their program may be in breach of the Constitution and the HKNSL, they still constantly pursued their course of conduct which was premeditated.
All accuseds got a reasonable trial by the court with no disturbance, strictly in accordance with the law appropriate to Hong Kong and under the safeguards of the Basic Law and the Hong Kong Bill of Rights. The factors for both the decision and the sentence bied far by the court plainly stressed that the offenders in this case were prosecuted not since of their political views or beliefs. The court would just think about the laws and proof pertinent to the case and choose whether the prosecution had the ability to show the charge beyond sensible doubt.
Protecting nationwide security is a commitment of all Hong Kong residents and the constitutional obligation of the HKSAR. As in this case, the HKSAR Government will continue to efficiently avoid, reduce and penalize acts threatening nationwide security in accordance with the law, guaranteeing the unfaltering and effective execution of the “one country, two systems” concept. Thank you.
(Please likewise describe the Chinese part of the remarks.)