Chow Hang-tung rejects request to remove judge from national security trial

A Hong Kong court has rejected a request by former Tiananmen Square resistance activist Chow Hang-tung to replace the judge who will preside over her upcoming national security trial.

The court in a ruling issued Friday said Judge Anna Lai, who was handpicked to rule on national security cases, would remain in office in Chow’s subversion trial.

Chow had previously filed a motion to have Lai disqualified on the grounds that Lai’s access to materials held from Chow’s defense team in a separate case meant Chow would not receive a fair trial. Chow asked the court to consider whether a “fair and informed observer” would conclude there was a real possibility that Lai was biased, arguing that bias is often hidden and difficult to detect.

“Even if a party subjectively believes that it will not be affected by any consequences, bias may still arise in practice,” Chow was quoted as saying in the ruling.

In their ruling Friday, Supreme Court justices said Chow’s arguments were unfounded and speculative, and that there was “simply no compelling reason” for Lai to recuse herself from the case.

Lai previously presided over a case involving the Hong Kong Alliance in Support of Patriotic Democratic Movements of China, of which Chow was vice chair, which refused to comply with a national security police records request in September 2021. During the hearing, Lai was shown police investigation materials that had been redacted and hidden from Chow and her defense team.

The judges ruled that Lai was still competent to rule, even after applying the “impartial observer” test.

“An impartial observer would note the existence of the judicial oath and realize that judges generally strive to meet the strict requirements it imposes,” the judges wrote.

The ruling said observers expected Lai to approach the case “with an open mind” and carefully evaluate the evidence.

“All three judges of the court have full confidence that the appellant and the other co-defendants will receive a fair trial” and “are committed to upholding and fulfilling their judicial oaths to decide this case solely on the basis of the law and the evidence,” the ruling said.

Chow has been detained since her arrest under the National Security Law in September 2021, prompting the alliance to disband. The national security trial is not expected to begin this year.

For three decades, the alliance has held public ceremonies to commemorate the victims of the Tiananmen Square crackdown on June 4, 1989. It is estimated that hundreds, perhaps thousands, of people died as the Chinese People’s Liberation Army crushed the student-led pro-democracy movement in Beijing.

There has been no vigil at Victoria Park since Beijing introduced the security law in June 2020.

The law came into effect in June 2020 after a year of pro-democracy protests and riots. It criminalizes subversion, secession, collusion with foreign forces and terrorist acts.

The move gave police sweeping new powers and led to hundreds of arrests amid new legal precedents, while dozens of civil society groups disappeared. Authorities say it has brought stability and peace to the city, dismissing criticism from trading partners, the UN and nongovernmental organizations.

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