Dozens of Hong Kong opposition figures arrested under national security law

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“With the support of external forces, opposition groups and leaders have deliberately devised plans to hold this so-called ‘primary election,’ which is a serious provocation to the current electoral system and caused serious damage to the fairness and justice of the Legislative Council elections,” the Liaison Office, Beijing’s top representative in the city, said at the time.

On Wednesday, Hong Kong police appeared to follow through on that threat, arresting dozens of primary candidates in an early morning sweep, raiding homes across the city, as well as several media outlets and a law firm. Speaking to reporters, Hong Kong Secretary of Security John Lee said the police operation was only targeting “active elements” in the primary, and would not affect voters.

Lee said those organizing the “so-called primary election” were seeking to “paralyze the Hong Kong government” by winning a majority in the legislature as well as “mobilizing vast-scale riots in the streets” to cause “such mutual destruction that if successful (this plan) would result in serious damage to society as a whole.”

“That is why police action today is necessary,” Lee added.

In a press conference later Wednesday, a police spokesman said that 53 people had been arrested under the national security law, in an operation that involved around 1,000 officers across the city.

John Clancey, a US solicitor with law firm Ho Tse Wai and Partners that is known for taking on human rights cases, is led away by police after he was arrested under a national security law in Hong Kong on January 6, 2021.

Among those detained are many prominent former lawmakers, activists and district councilors. An American lawyer, John Clancey, who had assisted in the primary polls, was also arrested, his colleague Jonathan Man told CNN.

A US citizen, Clancey could potentially be the first foreign citizen who does not also hold a Hong Kong passport to be arrested under the national security law. Some of those previously arrested may hold dual-citizenship, which is permitted in certain circumstances in Hong Kong depending on whether someone was a foreign citizen prior to the city’s handover to Chinese rule in 1997.

The US Consulate in Hong Kong would not comment on the arrests. Clancey’s detention could pose a major diplomatic issue for Washington, amid an already tense relationship with China.

On Twitter, President-elect Joe Biden’s nominee for Secretary of State, Anthony Blinken, said that “the sweeping arrests of pro-democracy demonstrators are an assault on those bravely advocating for universal rights.”

“The Biden-Harris administration will stand with the people of Hong Kong and against Beijing’s crackdown on democracy,” Blinken added.

Police seen in downtown Hong Kong on January 6, 2021, as dozens of opposition figures are arrested across the city.

Mass arrests

Wednesday’s arrests mark the most dramatic and sweeping escalation under the national security law since it’s introduction last year.

The law criminalizes secession, subversion, terrorism, and collusion with foreign powers, with life imprisonment as the most serious penalty for all offenses. The law also established a dedicated branch of the police and national security courts to hear some cases.

Hong Kong Chief Executive Carrie Lam and others had previously promised the law would be limited in effect, and only target a small number of fringe activists.

In a live video of his arrest recorded by district councilor and activist Ng Kin-wei, an officer can be heard telling Ng he is being arrested “for the crime of subverting state power.”

“During 2020, you were part of the ’35+’ primary elections, designed to elect 35 or more members of the Legislative Council with the goal of vetoing all government budget policies and motions in order to force the Chief Executive to resign,” the arresting officer says in the video. “(Such acts would) seriously interfere with and obstruct the lawful responsibilities of the government.”

Such a scheme had been proposed by prominent pro democracy activist Benny Tai as a potential tactic to restart the long-stalled political reform process in Hong Kong, in the unlikely situation that pro-democracy candidates won a majority in the semi-democratic legislature, where around half of seats are assigned to so-called “functional constituencies,” chosen by business and other groupings that tend to favor Beijing.

Benny Tai, a prominent Hong Kong activist, is seen after being arrested by police on January 6, 2020.
Primary elections are a normal function in democracies around the world. At the time of the Hong Kong vote, the United States Democratic primary, which Biden won, was still ongoing. Hong Kong has also held such votes in the past, in an attempt to match the organization and discipline of the rival pro-Beijing camp and avoid splintering the pro-democracy vote.

Voting against the budget and forcing the chief executive to resign would have been legal prior to the national security law, similar to a “vote of no confidence” that prompts a general election in many democracies. The city’s constitution also contains provisions to deal with such an event, enabling the chief executive to call new legislative elections, and to pass a preliminary budget to enable the government to continue to function.

Under the law, someone convicted of subversion “of a grave nature” can face life imprisonment or a fixed-term imprisonment of not less…



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