In a landmark legal case that has drawn international attention, a Hong Kong court has delivered the first conviction under the city's recently enacted domestic national security legislation, commonly referred to as Article 23. The defendant, Kwok Yin-sang, aged 68, is the father of Anna Kwok, a prominent pro-democracy activist based in the United States who is wanted by Hong Kong authorities.
Details of the Case and Conviction
Kwok Yin-sang was found guilty of violating national security laws after he attempted to terminate an education savings insurance policy that he had originally purchased for his daughter when she was nearly two years old. The prosecution alleged that he sought to withdraw funds totalling HK$88,609 (approximately $11,342) from this policy. Acting Principal Magistrate Cheng Lim-chi ruled that since Anna Kwok is classified as a fugitive, any direct or indirect handling of her financial assets, including this insurance policy, constitutes an illegal act under the new legislation.
Background on Anna Kwok and the Charges
Anna Kwok is a key figure in the Washington-based advocacy group known as the Hong Kong Democracy Council. She is among 34 overseas activists currently wanted by Hong Kong's national security police, facing accusations of colluding with foreign forces. A bounty of HK$1 million (around $127,400) has been offered for her arrest, highlighting the high-stakes nature of this case.
During the trial, Kwok Yin-sang pleaded not guilty and chose not to testify in his own defence. According to court proceedings, when he was arrested, he stated under police caution: "I know my daughter is wanted by the security bureau. I was the one paying for her insurance policy. Since she's no longer in Hong Kong, I just cut it." This statement was cited by the prosecution as evidence of his actions.
Legal Arguments and Defence Position
The defence lawyer, Steven Kwan, argued vigorously that sections 89 and 90 of Article 23 should not be applied in this instance. Kwan contended that the case involved a parent merely managing an insurance policy purchased long ago for their child, and he characterised the prosecution as "a form of prosecution based on family ties." Despite these arguments, the court upheld the charges, setting a significant precedent for future cases under the new law.
Broader Implications and International Reaction
This conviction has sparked widespread condemnation from human rights groups and international observers, who criticise the targeting of relatives of pro-democracy activists. The case underscores the expanding reach of Hong Kong's national security framework, which was initially bolstered by a sweeping law imposed by China in 2020. In 2024, Hong Kong's legislature passed the additional Article 23 laws, aimed at addressing what authorities describe as "loopholes" in the national security regime.
Kwok Yin-sang had initially been denied bail following his arrest but was later granted conditional bail by the High Court. The conditions imposed include a travel ban and a prohibition on communicating with his daughter. Meanwhile, Anna Kwok's brother was also arrested on similar charges and is currently out on bail, indicating a pattern of legal action against family members.
A sentence for Kwok Yin-sang has yet to be pronounced, leaving the final outcome of this high-profile case pending. As Hong Kong continues to enforce its stringent national security laws, this conviction marks a pivotal moment in the city's legal landscape, with potential ramifications for civil liberties and family dynamics in the region.
