2024.10.30

In the case of the The Hong Kong Alliance in Support of Patriotic Democratic Movements of China and its former chairs Lee Cheuk-yan, Albert Ho, and Chow Hang-tung, who are charged with “incitement to subversion” Chow’s request to have overseas witnesses testify via video link was denied. Recently, Chinese dissident Zhou Fengsuo and Danish sculptor Jens Galschiøt have expressed on social media their willingness to travel to Hong Kong to testify for Chow Hang-tung and the Alliance.

Chow Hang-tung revealed in court that she wanted to summon five people to testify, including Zhou Fengsuo and Jens Galschiøt. The other three are American political scientist and sociologist Larry Diamond, Chinese dissident Wuer Kaixi, and Fang Zheng.

Zhou Fengsuo on Facebook: Hopes to Attend Hong Kong Court in Person

On Tuesday (29th), Zhou Fengsuo posted on Facebook, stating that he is honored to be picked by Chow Hang-tung to testify, but the court has refused to allow witnesses to testify via live video link.

Zhou said, “I hope to personally go to the Hong Kong court to testify in person for Chow Hang-tung and the Hong Kong Alliance.” He also mentioned, “For 30 years after the June 4th incident in 1989, the Hong Kong Alliance’s candlelight vigils in Victoria Park drew worldwide attention, comforting the Tiananmen Mothers and the survivors of the June 4th massacre who are still holding on. We are immensely grateful for this.”

On Monday (28th), he also posted on X (formerly Twitter), expressing his willingness to come to Hong Kong to testify for Chow Hang-tung.

Jens Galschiøt’s Statement: Willing to Travel to Hong Kong to Testify in Chow’s Case

Jens Galschiøt has posted a link to his statement on Facebook. In the statement, he expressed surprise that the court refused to let him testify for Chow Hang-tung, noting that the decision was only based on concerns about the method of testimony. He pointed out, “I will be willing to travel to Hong Kong and appear in person in court to testify in Chow’s case.”

Galschiøt also mentioned that Zhou Fengsuo expressed willingness to come to Hong Kong to testify, but they have both previously been denied entry. Therefore, he is curious about whether he will be allowed to enter the country to testify.

Post-Article 23 National Security Cases Prohibit Overseas Witnesses from Testifying via Live Broadcast

Chow Hang-tung’s application has been rejected. Following the amendment of current legislation under Article 23, courts are now prohibited from allowing witnesses in national security cases to testify via live broadcast from overseas. On Monday, the High Court dealt with Chow Hang-tung’s application in the case where the Hong Kong Alliance in Support of Patriotic Democratic Movements of China is accused of inciting subversion, to allow five overseas witnesses to testify via live broadcast.

During her argument, Chow pointed out the disparity in treatment between national security and non-national security cases, stating that the new regulations create “inequality before the court between litigants in national security cases and those in non-national security cases,” and questioned whether the amendment was targeted at her case. The application was denied by three designated national security judges of the High Court, Alex Lee Wan-tang, Johnny Chan Jong-herng, and Anna Lai Yuen-kee, who will provide written reasons for their decision at a later date.

Judge Alex Lee Wan-tang inquired whether Chow would consider inviting witnesses to Hong Kong to testify, given that the trial is scheduled to begin in May 2025. Chow responded that expert witnesses had already made it clear they would not travel to Hong Kong. Lee advised Chow to make arrangements and communicate with the prosecution within two weeks.

Hong Kong Alliance and Three Individuals Charged

The four defendants in the case of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China (the Alliance) are: the Alliance itself, Lee Cheuk-yan (64 years old), Albert Ho Chun-yan (69 years old), and Chow Hang-tung (36 years old). They are jointly charged with inciting others between July 1, 2020, and September 8, 2021, in Hong Kong, to organize, plan, commit, or participate in the commission of acts aimed at subverting state power by unlawful means. This includes overthrowing or undermining the basic system established by the Constitution of the People’s Republic of China, or the overthrow of the central authorities of the People’s Republic of China.

The three were charged with inciting subversion of state power in September 2021. As of now, Lee and Chow have been detained for over 1,100 days. Albert Ho was initially granted bail by the High Court in August 2022 but was rearrested in March 2023 after allegedly violating bail conditions, resulting in the revocation of his bail. He has been detained for a total of over 930 days.