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Ten of the 12 Hong Kong people detained by China at sea will be tried in the mainland city of Shenzhen on Monday, supporters said, as activists called for fair hearings and the United States called for the group’s “immediate release.”
The 12 were intercepted by the Chinese coast guard on August 23 in a speedboat believed to have been destined for Taiwan.
The case has drawn great interest in Hong Kong and abroad as a rare example of mainland Chinese authorities arresting people trying to leave the semi-autonomous city, where democracy activists last year led huge protests against the government of Beijing.
Before their departure, they all faced charges in Hong Kong related to anti-government protests, including riots and violation of a national security law that Beijing imposed on the city in June, Hong Kong authorities said.
Detainees Quinn Moon and Tang Kai-yin have been charged with “organizing other people to secretly cross the border” and facing up to seven years in prison. The other 10, two of whom were under 18 at the time of their arrest, have been charged with “secretly crossing the border” and face up to a year in jail.
Chinese authorities said the two underage suspects will undergo private hearings on a separate date.
The families of the defendants have asked for the Shenzhen court hearing to be broadcast live, after they were unable to attend due to short notice for the trial and COVID-19 requirements.
They were only notified of the trial date on Friday, while their lawyers were unable to meet with the detainees.
Instead, authorities have appointed state-approved legal representation.
‘Remote’ chance of a fair trial
In a statement before Monday’s trial, Amnesty International called for public and fair hearings.
“We fear that the possibility of these young Hong Kongers obtaining a fair trial in China is remote, given that until now they have been deprived of their basic rights, including the right to defend themselves through legal representation of their choice,” said the Program of Amnesty in Hong Kong. Manager Lam Cho Ming.
“Their families have been repeatedly denied direct access to them, and the Chinese authorities have threatened a number of mainland Chinese lawyers who have tried to represent them at the request of the families to force them to drop the case.”
A spokesman for the US consulate general in Guangzhou called for his “immediate release” on Monday.
“His supposed ‘crime’ was fleeing from tyranny,” the spokesman told the AFP news agency. “Communist China will stop at nothing to prevent its people from seeking freedom elsewhere.”
The families, in a joint letter over the weekend, said they “strongly condemn” the authorities’ decision to hold the trial in “de facto secret” at the Yantian District People’s Court.
“We urge governments to send embassy staff to the hearing to ensure a proper and fair trial in the Shenzhen courts,” they said.
The Hong Kong government has said the defendants must face justice on the mainland before returning to Hong Kong, where they are expected to be further investigated for alleged crimes related to the protests.
China has a history of bringing dissidents to trial over the Christmas and New Year period to avoid Western scrutiny.
“Obviously (the Chinese authorities) are rushing during the Christmas period to minimize the international backlash,” Beatrice Li, sister of detainee Andy Li, told Reuters news agency on Friday.
Unlike Hong Kong, where the judicial system is independent and based on common law, mainland Chinese courts are loyal to the Communist Party and do not challenge the party’s accusations. Conviction rates are close to 100 percent.
The former British colony of Hong Kong was returned to Chinese rule in 1997 with a guarantee of freedoms not enjoyed on the mainland under the “one country, two systems” formula agreed by Beijing and London.
Pro-democracy protesters believe that Beijing is eroding those freedoms, especially with the imposition of the national security law.
China denies restricting rights and freedoms, saying the legislation was necessary to guarantee law and order.
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