January 2021 arrests of Hong Kong pro-democracy activists

Long queue outside polling station at Tai Po Plaza on 12 July 2020.

On 11 and 12 July 2020, the pro-democracy camp, organised by legal scholar and activist Benny Tai, held a primary to select numbers of candidates for the September Legislative Council election to maximise the chance for the pro-democrats to achieve the "35+" majority in the Legislative Council to block the government's bills and pressured the government to implement the five key demands of the ongoing protests.[2] Tai envisaged that the democrats would veto all bills in the legislature to paralyse the government, and would force the Chief Executive to dissolve the Legislative Council after the government budget was vetoed, as on the fourth and fifth stages of the "ten-step lam chau" timeline.[3]

Secretary for Constitutional and Mainland Affairs Erick Tsang warned that the primaries might violate the new Beijing-imposed national security law before the primaries. Tsang said one the objectives of the primaries was to win a majority of seats in the legislature and subsequently vote against the budget. He added this could contravene clauses in the new law prohibiting secession, subversion and collusion with foreign powers. Benny Tai refuted the claim by saying such advocacy work was in accordance with the principles of the Basic Law. He added that vetoing the budget would not constitute "seriously interfering in, disrupting, or undermining the performance of duties and functions" of the government under Article 22 of the new law because the chief executive has the power to dismiss the legislature and call a by-election.[4]

Despite the national security law and legal threats, over 600,000 voters, including 590,000 electronic ballots and more than 20,000 paper ballots, turned out throughout the two-day vote, more than 13 per cent of the total number of registered voters and far exceeding the organisers' expected turnout of 170,000.[5] Chief Executive Carrie Lam issued a strong warning to the candidates and organisers of the primaries, saying it was subversive for them to vow to seize control of the legislature and vote down key government proposals. "If this so-called primary election's purpose is to achieve the ultimate goal of delivering what they called '35+' [lawmakers], with the objective of objecting or resisting every policy initiative of the HKSAR government, it may fall into the category of subverting the state power – one of the four types of offences under the national security law," she said.[6]

A spokesman for Beijing's Liaison Office in Hong Kong condemned the opposition camp for ignoring the Hong Kong government's warning of possible legal breaches and pressing ahead with the primary. It named Benny Tai as a suspect in a possible breach of the national security law by coordinating with the opposition camp to seek control of the legislature, vote down the budget, paralyse the government and subvert the state power. It also accused Tai and the opposition of aiming to take over the city's governance by staging the Hong Kong version of a "colour revolution".[6] The Hong Kong and Macau Affairs Office (HKMAO) accused Tai of "illegally manipulating" Hong Kong's electoral system, challenging the new national security law and acting as a political agent for foreign forces.[7]

In the morning on 6 January 2021, the National Security Department of the Hong Kong Police Force raided 72 places including home of jailed activist Joshua Wong and co-organisers Hong Kong Public Opinion Research Institute (PORI) and law firm Ho Tse Wai and Partners, demanded three news outlets Apple Daily, Stand News and InMedia HK to hand over information and froze $206,000 in funds related to the election. In the operations, the police arrested 53 men and women including activists, former legislators, social workers and academics who organised or contested in the primaries across the pro-democracy spectrum on suspicion of "subversion of state power" under the national security law.[8][9] They included organiser Benny Tai and jailed activist and primary candidate Joshua Wong, seven former legislators of the Democratic Party, the Hong Kong's largest opposition party including the party chairman Wu Chi-wai, veteran politicians and activists Leung Kwok-hung and Claudia Mo, and newcomers including Jeffrey Andrews, a social worker serving the city’s ethnic minority community, and disability rights advocate Lee Chi-yung.[10][11] American lawyer John Clancey, partner of Ho Tse Wai and Partners and treasurer of the Power for Democracy which co-ordinated the primaries, was also arrested.[12] PORI executive director Robert Chung and his deputy Chung Kim-wah were also visited by police asked to assist with the investigation.[13]

According to Secretary for Security John Lee, the arrestees were accused of "subverting state power" for holding the primaries and were suspected of attempting to gain a majority in the Legislative Council with the goal of paralysing the government. Lee also cited Benny Tai's "10-step to lam chau" scenario as an evidence for the "vicious plan" to "sink Hong Kong into an abyss."[14]

53 arrestees, excluding Joshua Wong and Tam Tak-chi who were already in prison, are listed as the following. [15] All had been released on bail by 8 January, except Wu Chi-wai, who was alleged to have violated bail conditions related to a separate case of unauthorized assembly.[16]

Organisers

Benny Tai

Au Nok-hin

• Benny Tai, former associate professor of law at the University of Hong Kong
• Au Nok-hin, former member of the Legislative Council (2018–2020)
• Ben Chung, chairman of the Sai Kung District Council and deputy convenor of the Power for Democracy
• Andrew Chiu, vice chairman of the Eastern District Council and convenor of the Power for Democracy
• John Clancey, lawyer and treasurer of the Power for Democracy
• Ng Ching-hang, activist

Kowloon West

Claudia Mo

• Jimmy Sham, member of the Sha Tin District Council and former convenor of the Civil Human Rights Front
• Claudia Mo, former member of the Legislative Council (2012–2020)
• Kalvin Ho, member of the Sham Shui Po District Council
• Frankie Fung, convenor of the Peninsular Commons
• Lau Wai-chung, barrister and member of the Sham Shui Po District Council
• Helena Wong, former member of the Legislative Council (2012–2020)
• Lau Chak-fung, activist
• Jeffrey Andrews, social worker

Kowloon East

Joshua Wong

• Joshua Wong, former secretary general of Demosistō, in jail
• Jeremy Tam, former member of the Legislative Council (2016–2020)
• Li Ka-tat, member of the Kwun Tong District Council
• Tam Tak-chi, vice chairman of the People Power, in jail
• Wu Chi-wai, former chairman of the Democratic Party and member of the Legislative Council (2012–2020)
• Sze Tak-loy, chairman of the Hong Kong Association for Democracy and People's Livelihood and member of the Wong Tai Sin District Council

New Territories East

Alvin Yeung

Leung Kwok-hung

• Gwyneth Ho, former journalist for Stand News
• Ventus Lau, activist
• Alvin Yeung, former leader of the Civic Party and former member of the Legislative Council (2016–2020)
• Raymond Chan, chairman of the People Power and former member of the Legislative Council (2012–2020)
• Owen Chow, activist
• Lam Cheuk-ting, member of the North District Council and former member of the Legislative Council (2016–2020)
• Gary Fan, member of the Sai Kung District Council and former member of the Legislative Council (2012–2016; 2018–2020)
• Hendrick Lui, social worker
• Leung Kwok-hung, former member of the Legislative Council (2004–2017)
• Mike Lam, businessman
• Ricky Or, member of the Sai Kung District Council
• Lee Chi-yung, spokesman for the Association of Parents of the Severely Mentally Handicapped

Civic Party chairman Alan Leong criticised the mass arrests as he could not see why those who promised to exercise their power to veto budgets – as outlined in the Basic Law – would be considered subversive. "We know that many in Hong Kong are very disappointed. But we appeal to the people of Hong Kong not to despair," Leong said. "We should insist on speaking the truth and living in truth. There will be light in the end of the dark tunnel, and every dark night will see the dawn. So, let us stand and fight."[14]

Maya Wang of the Human Rights Watch issued a statement condemning the arrests: "The Chinese government has decided to mark 2021 with sweeping arrests of over 50 prominent pro-democracy activists in Hong Kong, removing the remaining veneer of democracy in the city. Beijing once again has failed to learn from its mistakes in Hong Kong: that repression generates resistance, and that millions of Hong Kong people will persist in their struggle for their right to vote and run for office in a democratically elected government."[17]

A joint statement issued by the foreign ministers of Australia, the US, Britain and Canada expressed "serious concern" over the arrests and criticised the national security law as: "a clear breach of the Sino-British Joint Declaration and undermines the 'One Country, Two Systems' framework." They said the law "has curtailed the rights and freedoms of the people of Hong Kong" and "being used to eliminate dissent and opposing political views" and called on Hong Kong and Chinese authorities to "respect the legally guaranteed rights and freedoms of the people of Hong Kong." The Hong Kong government responded by saying that "[we] are appalled by remarks made by some overseas government officials that seemed to suggest that people with certain political beliefs should be immune to legal sanctions."[18]

U.S. Secretary of State Mike Pompeo slammed the arrests as an "outrage" and would "consider sanctions and other restrictions on any and all individuals and entities involved in executing this assault on the Hong Kong people."[19] Antony Blinken, US President-elect Joe Biden's pick for Secretary of State, said the arrests was "an assault on those bravely advocating for universal rights" launched by the Chinese authorities. "The Biden-Harris administration will stand with the people of Hong Kong and against Beijing's crackdown on democracy," he said.[10]

The U.S. imposed sanctions on six officials on 15 January including Hong Kong delegate to the National People’s Congress Standing Committee Tam Yiu-chung, vice-chairman of the Central Leading Group on Hong Kong and Macau Affairs You Quan, deputy director of the Office for Safeguarding National Security Sun Wenqing and three officials in the National Security Division of the Hong Kong Police Frederic Choi Chin-pang, Kelvin Kong Hok-lai and Andrew Kan Kai-yan, over the mass arrests.[20]

British Foreign Secretary Dominic Raab called the arrests "a grievous attack on Hong Kong's rights and freedoms as protected under the Joint Declaration" and reiterated the UK’s offer to the British National (Overseas) passport holders to emigrate Britain.[21] "The UK will not turn our backs on the people of Hong Kong and will continue to offer BNOs the right to live and work in the UK," Raab said.[10]

The last British Governor of Hong Kong Chris Patten urged the European Union not to go ahead with the draft investment deal with China. "If this deal goes ahead it will make a mockery of Europe's ambitions to be taken seriously as a global political and economic player. It spits in the face of human rights and shows a delusional view of the Chinese Communist Party's trustworthiness on the international stage."[21]

The European Union called for the immediate release of the arrestees. "We are currently analysing the situation to see how we might need to react. There are other possibilities open to us, sanctions for example," the European Commission spokesperson Peter Stano said.[21] The German Foreign Ministry called the arrests "another milestone in a worrying development in recent months." The arrests confirmed fears that the security law "is leading to an erosion of civil liberties and the rule of law."[10]

The European Parliament on 21 January adopted a resolution by 597 votes in favor, 17 against and 61 abstentions on the deteriorating human rights situation in Hong Kong and urged EU countries to consider introducing sanctions against Hong Kong and Chinese officials including Carrie Lam, under the EU Human Rights Global Sanction Regime. The Parliament also regretted the EU's decision to enter the EU-China Comprehensive Agreement on Investment by risking its credibility as a global human rights actor.[22]

Taiwan President Tsai Ing-wen condemned the arrests and called on the world's democracies to speak out against China's political repression in the territory. She vowed that Taiwan will "continue to resolutely support a free Hong Kong and stand up for our shared democratic values." Taiwan's Foreign Minister Joseph Wu described the arrests in Hong Kong as a "deep shock to those who treasure freedom" and called on the world to "unite against authoritarianism."[23]

On 14 January, national security officers arrested 11 people suspected of aiding in the 12 fugitives' attempted escape bid to Taiwan with cash and logistics, including activist lawyer and Kowloon City District Councillor Daniel Wong and mother of former deputy secretary-general of Hong Kong Federation of Students (HKFS) Willis Ho.[24][25][26]

• 2020 Hong Kong Legislative Council mass resignations