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Edouard de Bray
Feb 27, 20213 min read

Arrests in Hong Kong: The End of an Era?

On the 28th of February, police in a Hong Kong - a former British colony and a bastion of democracy in the East, charged 47 pro-democracy activists with ‘conspiracy to commit subversion’ under the new National security Law. The 47 were charged for organising an unofficial primary election for the City’s legislative council (LegCo) in July last year, in preparation for September’s LegCo elections. The LegCo is one of Hong Kong’s two elected bodies alongside the District Council. The LegCo has law making authority where-as the District council advises the government on Local issues. The activists hoped to win a majority in the LegCo which would enable the blocking of government legislation, and ultimately force the city’s chief executive to step down.



Bing Ling, a professor of Chinese law at the University of Sydney stated ‘It’s quite exceptional what has been done in Hong Kong even by Chinese standards. Such events have not been seen since the Tiananmen square movement in 1989.’


The new National Security Law, introduced by the Chinese government on June 30, 2020 to ‘restore stability’ following a year of violent protests. Includes the criminalization of any action considered to be subversion, as well as arresting opponents the new Law enables authorities to tackle civil institutions, such as the education sector and the media. It comes as China attempts to ensure that only ‘patriots’ and those whom ‘love China and love Hong Kong’ can govern the territory.


China and Hong Kong officials have labelled the July primary election as an attempt to ‘overthrow’ the city’s government, and a direct threat to national security. They argue that such interventions are necessary to protect the country’s sovereignty. Western Powers and human rights organizations, on the other hand, argue the law is being used to outlaw opposition politics. “The Hong Kong authorities are using the Beijing-imposed National Security Law to wrongfully charge 47 people who sought peaceful change through the democratic process,” said Maya Wang, senior China researcher at Human Rights Watch.

Currently, court proceedings are underway to determine the outcome of these actions, with persecutors bidding to deny the group bail and keep them in custody for 3 months whilst police carry out Investigations. Whilst defence lawyers, arguing for immediate bail, stating the group should not be charged if the case against them is not ready. If found guilty, the defendants would face a maximum punishment of life imprisonment.


Reminiscent of the mass riots in 2019, hundreds gathered outside the West Kowloon court where the trials were conducted, in protest against the detention of what they call ‘political prisoners’. It wasn’t long before Police dispersed the riots - warning that they too could be breaching the new security law, before setting up security lines around the court. The police in Hong Kong have arrested more than 10,000 people in connection to pro-democracy protests since June 2019. Of them 2,400 have faced charges and more than 90 have been arrests under the new national security law.

British and the European Union expressed concerns and have condemned the misuse of the new Law, with Britain’s Foreign secretary Dominic Raab stating ‘it shows in the starkest terms the (national security law) is being used to eliminate political dissent rather than restore order – contrary to what the Chinese Government promised’.


This story is a stark example of how Hong Kong’s democratic status continues to turn in the wake of increased Chinese involvement – especially since the New National Security law. It comes after the scheduled LegCo elections which were due to take place in September were delayed on the July 31st for a year citing Covid-19 concerns, despite other social democracies less successful in controlling the pandemic going ahead with elections. More still, use of this new National Security was vividly encountered in November when four pro-democracy legislators in LegCo were disqualified, which prompted the resignation of 15 other pro-democracy legislators in protest. This came after China cited its right through the China’s National People’s Congress Standing Committee (NPCSG) to remove any Hong Kong legislators that ‘publicize or support independence’, ‘seek foreign interference’ or engage in ‘other activities that endanger national security’.

As the world watches on, Chinese delegates gather at the National People’s Congress (NPC), and It is expected that further legislation will be introduced to prevent a pro-democratic structure in Hong Kong from enduring, to ensure that pro-Beijing ‘patriots’ seize complete control of Hong Kong’s governing body. The story of the 47, whatever the outcome, is symbolic of Hong Kong’s changing democratic status. For 25 years Hong Kong had topped the US thinktank – the Heritage Foundation index for economic freedom, and now, as of last week, Hong Kong’s name has been removed from the list of countries with so called ‘economic freedom’. The Peoples Republic of China is absorbing Hong Kong, faster than anyone one, especially Hong Kong Nationals, could have foreseen.


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