Hong Kong’s Court of Final Appeal on Thursday overturned the convictions of three former organizers of annual Tiananmen Square vigils who had refused to provide information to police, representing an uncommon legal victory for pro-democracy figures in the territory.
Chow Hang-tung, Tang Ngok-kwan, and Tsui Hon-kwong, who were core members of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China, were convicted in 2023 during a period of increased government action against the city’s pro-democracy movement. They had already served their 4 1/2 month sentences.
The alliance was known for organizing annual candlelight vigils commemorating the 1989 military response to pro-democracy protests in Beijing. The group voted to dissolve in 2021 following the implementation of a national security law by China.
Some observers have noted that the group’s dissolution and the case against its members reflected a reduction in Western-style civil liberties in Hong Kong, despite assurances these would be maintained after the former British colony returned to Chinese rule in 1997.
Before disbanding, police had requested details about the alliance’s operations and finances, alleging connections to overseas pro-democracy groups and claiming it was acting as a foreign agent. The alliance declined to cooperate, maintaining it was not a foreign agent.
The Court of Final Appeal unanimously ruled in favor of the three appellants, with Chief Justice Andrew Cheung announcing the decision. The judges determined that prosecutors needed to prove the alliance was indeed a foreign agent, writing that lower courts “fell into error” by accepting that the police commissioner’s belief on reasonable grounds was sufficient.
During the lower court trial, the appellants also challenged the redaction of crucial information, including the names of groups allegedly linked to the alliance. The judges ruled that by redacting this potential evidence, prosecutors had undermined their case and “deprived the appellants of a fair trial.”
Following the ruling, Tang told reporters he hoped the decision proved the alliance was not a foreign agent and expressed hope they could eventually demonstrate that the 1989 movement was not a counter-revolutionary riot. “Justice lives in people’s hearts. Regardless of the outcome, everyone knows the truth in their hearts,” he said.
During a January hearing, Chow, representing herself, characterized her case as illustrative of a police state. “A police state is created by the complicity of the court in endorsing such abuses. This kind of complicity must stop now,” she stated.
Since the security law was introduced in 2020, several non-permanent overseas judges have resigned from the top court, raising questions about confidence in Hong Kong’s judicial system. In 2024, Jonathan Sumption resigned, stating that the rule of law was “profoundly compromised.” However, Chief Justice Cheung maintained in January that these departures did not weaken judicial independence.
The Victoria Park vigil was the only large-scale public commemoration of the June 4 events on Chinese soil for decades. Thousands attended annually until authorities prohibited it in 2020, citing pandemic restrictions. After COVID-19 measures were lifted, the park instead hosted a carnival organized by pro-Beijing groups, and those attempting to commemorate the event nearby were detained.
Chow and two other former alliance leaders remain in custody awaiting trial on separate subversion charges under the security law.
In a different ruling the same day, the Court of Final Appeal dismissed jailed activist Tam Tak-chi’s appeal of his sedition convictions under a colonial-era law. Tam was the first person tried under this law since Hong Kong’s 1997 return to China and was found guilty of 11 charges in 2022.
The colonial-era sedition law was repealed last year when the government introduced a new security law, which officials described as necessary for stability. Some critics have expressed concerns that the new law may further restrict freedoms.
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