Chow Continues Legal Fight Behind Bars

Chow has applied for a judicial review to allow open reporting

Chow Hang-tung, a former leader of the group that organised the annual June 4 candlelight vigil is still fighting to the end.

A barrister herself, Chow is using the law to fight in the public interest even though she herself is in the dock for charges that the Hong Kong Alliance in Support of Patriotic Democratic Movements of China incited subversion, a violation of the national security law.

It has been difficult for journalists to report on everything that occurs in a national security law case, and Chow wants to blow it open for public record. Today she handed in an application for a judicial review on Monday against a magistrate's decision not to lift reporting restrictions on national security cases.

She is one of the organisers of the candlelight vigil

The application was made against the decision of Principal Magistrate Peter Law, who is also a hand-picked national security judge, not to lift reporting restrictions on committal proceedings for the Alliance's national security case.

When a magistrate restricts reporting of a national security case, written and broadcast reports are limited to only including the names of the defendants, magistrates and lawyers, the alleged offence, the court's decision, whether legal aid was granted, and future court dates.

In the application, Law denied Chow's application to lift reporting restrictions on committal proceedings on April 25. The principal magistrate ruled that the court had discretion to reject such applications. 

Law also said if restrictions were lifted, it would lead to "widespread critical discussion or even attack" of the case because the whole proceedings could be reported.

"Further, due to the disruptive behaviour of the public, the lifting of reporting restrictions will give immense mental pressure or even fear to potential witnesses. This is damaging to a fair trial," said Law, according to the application.

Ho has also been charged with inciting subversion

But Chow refutes back: "The risk of intimidating potential witnesses is neither real, nor linked to whether reporting restrictions are lifted or not," she wrote on the application.

"More detrimentally, the Principal Magistrate gave no consideration at all of the importance of maintaining public confidence in the administration of justice, both locally and internationally," the application continued.

"It is precisely when a case has attracted widespread attention that the court should be doubly careful to ensure that justice is seen to be done. Banning reporting because of public interest would only fuel distrust and suspicion."

Chow, along with two other Alliance leaders, Lee Cheuk-yan and Albert Ho Chun-yan are charged for allegedly inciting subversion. 

On Tuesday they appeared at the West Kowloon Magistrates' Courts, where the case will be transferred to the Court of First Instance, where the maximum penalty for inciting subversion is 10 years in prison.

As Chow stepped out of the dock, she shouted, "Never forget June 4th, resist to the end."

Lee is also one of the Alliance leaders

However her fellow colleagues Lee and Ho only waved to the gallery, as people who have clapped before have been arrested and charged for "causing a nuisance".

This is what attending court has come to -- no outward expression is allowed.

Nevertheless, Chow is not giving up without a fight -- and thinking of any legal means to retain some kind of rule of law.

On June 4, there will be no public remembrances -- Victoria Park is apparently closed for repairs. The last two years no one was allowed to gather because of the pandemic.

What will the authorities think of next year?