The protest was the biggest seen in the city for months, with those gathered chanting the banned slogan: “Liberate Hong Kong! The revolution of our time!” and carrying placards requesting the release of the rounded ones in accordance with general legislation.
Prosecutors claimed in court that the defendants were involved in a “massive and well-organized scheme to undermine the Hong Kong government” by organizing and running in informal elections last July. Such contests are a normal function in democracies around the world, as political parties select the strongest candidates for election.
Alan Leong, a lawyer and politician representing four of the defendants, said Sunday’s charges would be remembered as a “challenge to Hong Kong’s fair electoral system” and criticized prosecutors for the indictment without sufficient evidence.
“Not only are the 47 defendants facing charges here today, but also the Hong Kong judiciary and the rule of law,” Leong said.
The 39 men and eight women were between the ages of 23 and 64 and included prominent activist Joshua Wong and law professor Benny Tai. They appeared in court on Monday after being asked to report to the police the day before. Under their previous bail agreements, they were not required to check with the police until early April.
Hundreds of protesters have come out in support of those detained, despite public health measures banning more than four people from gathering and growing government repression against political protests.
A large police presence in front of the West Kowloon district court tried to disperse the crowds, warning that those gathered could also violate national security law. The demonstrators left the area peacefully until the evening.
Inside the courthouse, all the seats in the public gallery were occupied, especially by people dressed in black in support of the pro-democracy movement. Until the afternoon, the police could be seen surrounding the sidewalks near the court to prevent the gathering of several people.
The charges against the 47 activists mark a radical escalation in the application of the national security law, according to which previously only a handful of people had been accused and prosecuted.
Authorities in Hong Kong have accused the 47 people who conspired to use the mayor to win a majority in the legislature and paralyze the government, potentially forcing the city leader to resign. This strategy would be entirely legal – and not out of the ordinary – in parliamentary systems such as the United Kingdom and Australia.
National security law criminalizes secession, subversion, terrorism and collusion with foreign powers and carries with it a maximum life sentence in prison. Cases provided for by law are handled by a dedicated branch of the Hong Kong Police and judges appointed to hear national security cases.
Hong Kong chief executive Carrie Lam and others have previously promised that the law will be limited and will target only a small number of marginal activists.
Anyone who fails to take the oath – or is deemed to have done so dishonestly – will be immediately disqualified from office and banned from running in the next five years, said Constitutional and Continental Affairs Secretary Erick Tsang.
It came after Hong Kong’s only delegate to China’s highest legislature said only “fierce patriots” should be allowed to hold authority in Hong Kong.