Returning Valiant

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Returning Valiant
光城者

Returning Valiant (Chinese: 光城者; lit. 'City Liberator') was a pro-independence group in Hong Kong. Formed mainly by students under the Hong Kong national security law in 2020, the group called for continuation of protests to "liberate the city".

After the first arrest in May 2021, the police declared to have dismantled the group in July, arresting members of the group for plotting "terrorist attacks" in the city. Seven members, including the founder, pleaded guilty to subversion under the security law, and were sent to correctional centres or given 5-year jail term.

Aims

With the decline of the large-scale protests in 2020 following the coronavirus pandemic and the imposition of the Hong Kong national security law, Returning Valiant hoped to "adhere the aspirations of sages, keep the spark of revolution" (Chinese: 繼承先賢之志，延續革命之火), with the target of "mind enlightenment and liberation of our city" (Chinese: 開啟民智，光復我城).[1]

Returning Valiant consisted of 20 members who referred to the group as "the embers of revolution".[2]

History

Group members probed by police in January 2021

Returning Valiant had set up street booths on 31 January 2021, sharing the history of uprisings across the world. Members were fined under group gathering ban, and were warned of breaching the security law.

On 5 May 2021, four students (Lai Chun-hei, Yuen Ka-him, Chan Ching-hing, Choi Wing-kit) were reportedly arrested on location after sneaking into Po Leung Kuk Laws Foundation College, a secondary school in Tseung Kwan O.[3][4] Police, during the search, discovered some suspects belonged to Returning Valiant and hid independence slogans and banners at home, including former spokesman Yuen Ka-him. All were charged with housebreaking later and bailed out.[4] The national security police (NSD) arrested a total of seven individuals on 5 and 6 May, five were accused of subversion but were not indicted.[5]

The national security police seized TATP and weapons in July 2021.

On 5 July 2021, nine members of Returning Valiant were arrested for alleged terrorist activities, six of whom were secondary school students. The NSD said the arrested had attempted to plant

TATP; in a raid at a hostel in Tsim Sha Tsui, police had confiscated laboratory equipment for making that highly explosive substance.[6] Three (Ho Yu-wang, Alexander Au Man, Chan Cheuk-hin) were charged, brought to court, and denied bail on 7 July.[7] Others were granted bail by police.[8] Five more were arrested on 12 July,[9] and three (Kwok Man-hei, Chan Hoi-leung, Law Kai-wing) were charged on 14 July; they were remanded in custody, with their trial adjourned to 1 September.[10] One more person (So Wing-ching) was charged with terrorist activities on 1 September.[11]

On 28 September 2021, seven were arrested by the NSD and charged with conspiracy to incite subversion of state power.[12] At least 22 arrests had been made in relation to the case by the end of 2021.[13]

The NSD arrested a 22-year-old man on suspicion of five charges: terrorism, arson, conspiracy to commit arson, conspiracy to defraud, and money laundering on 26 October 2022. Believed to be a member of Returning Valiant and another anti-government group Black Bloc and suspected of providing financial support, he was accused of committing arson at a Tsuen Wan COVID-19 testing station in May 2021, planning to carry out an arson attack on a COVID-19 testing centre, and defrauding a bank.[14]

Trial

See also: List of Hong Kong national security cases § Returning Valiant (5 May 2021)
Members of Returning Valiant (minors when arrest italicised)
Name Age Charge Verdict
Wan Chung-wai 15 Subversion  Pleaded guilty 
Detention at correctional facility
Yuen Ka-him 16 Subversion  Pleaded guilty 
Detention at correctional facility
Leung Yung-wan 16 Subversion  Pleaded guilty 
Detention at correctional facility
Chiang Chow Ching-yu 16 Subversion  Pleaded guilty 
Detention at correctional facility
Choi Wing-kit 20 Subversion  Pleaded guilty 
Jailed for 63 months
Chris Chan Yau-tsun 25 Subversion  Pleaded guilty 
Jailed for 60 months
Kwok Man-hei 18 Subversion  Pleaded guilty 
Detention at correctional facility
Cause explosion  Pleaded guilty 
Jailed for 30 months
Chan Cheuk-hin 15 Cause explosion  Pleaded guilty 
Law Kai-wing 15 Cause explosion  Pleaded guilty 
So Wing-ching 18 Cause explosion  Pleaded guilty 
Alexander Au Man 19 Cause explosion  Pleaded guilty 
Ho Yu-wang 17 Terrorism  Pleaded guilty 
Jailed for 72 months
Chan Hoi-leung 18 Terrorism  Bailed 
Cheung Ho-yeung 23 Cause explosion  Pleaded guilty 
Jailed for 72 months

Members of Returning Valiant were initially arrested and charged with conspiracy to incite subversion or conspiracy to plan terrorist activities, with one defendant facing both charges. All defendants remanded in custody as bail application denied by court or did not submit so, except a 16-year-old boy who was granted bail before sentencing,[15] and 24-year-old Chan Hoi-leung.[16]

Subversion

All seven defendants pleaded guilty to inciting subversion, including four minors aged under 18. The prosecutor, Stella Lo, argued that leaflets written by the defendants had mentioned the Ukrainian Revolution, French Revolution, and words from Mao Zedong on revolution.[17][18] They were accused of calling for the overthrow of the government and violent struggle against authorities through live videos and online press conferences.[17]

On 8 October 2022, five young defendants, including four minors, were sentenced to up to three years at the training centre by Kwok Wai-kin, national security judge.[13] Kwok said that "Even if one person is incited, Hong Kong's stability and residents' safety could have been greatly harmed",[19] and claimed that their message could have turned peaceful protestors violent, even though he agreed there was no direct evidence of anyone doing that.[19]

The

United Nations Human Rights Office said it was "alarmed" by the sentencing of minors to correctional facility. The Office regretted the "continued application of the national security law, including against children, in spite of the clear recommendations of the Human Rights Committee", and urged the Hong Kong authorities too bring the legislation fully into compliance with international human rights obligations.[2][20]

On 9 February 2023, Choi Wing-kit, founder of Returning Valiant who faced additional charge of possessing offensive weapons, and Chan Yau-tsun were sentenced to jail. While both had not been charged for actual subversion but only conspiracy, Kwok determined that the offences were of a "serious" nature and sentenced Chan to five years, the minimum mandated under the NSL, while Choi was sentenced to five years and three months, with the increment due to two retractable batons that had been found at his home. Both had pleaded guilty.[21]

Terrorism

On 16 December 2022, a bail application of Law Kai-wing was rejected.[22] Cheung Ho-yeung, 23, was charged with terrorism along with the other defendants of Returning Valiant on 20 April 2023 after his first arrest in October 2022.[23]

On 6 May 2023, Ho Yu-wang pleaded guilty to conspiracy to plan terrorist activities under the NSL, while the other five pleaded guilty to the non-NSL alternative charge of conspiracy to cause explosion likely to endanger life or property.[24] According to court, Ho, described by the prosecution as "mastermind" along with another man surnamed Cheung who was not arrested, planned to plant a bomb in a court building by 15 July 2022, days after their arrests, and encouraged others to join him. A former member of Student Politicism surnamed Cheung, who was not arrested, was revealed to be another "mastermind" of the attack for providing financial support.[25]

On 29 December 2023, Ho Yu-wang and Cheung Ho-yeung were sentenced to six years in jail, while former Returning Valiant member Kwok Man-hei was sentenced to 30 months. The latter two had pleaded guilty to the lesser charge of "conspiracy to cause explosions".[26][27]

References

  1. ^ "自稱「革命殘火」 約定「光復我城」". www.bastillepost.com. 2021-05-06. Retrieved 2023-02-10.
  2. ^ a b "UN 'alarmed' over Hong Kong teenagers' sentence for 'armed revolution' call". South China Morning Post. 2022-10-11. Retrieved 2023-02-10.
  3. ^ Ho, Kelly (2021-05-07). "Hong Kong police arrest 5 over alleged security law violations". Hong Kong Free Press. Retrieved 2022-11-11.
  4. ^ a b "四學生被控入學校爆竊 部份為「光城者」成員 全獲准保釋須守宵禁令". 立場新聞 (in Chinese (Hong Kong)). 2021-05-06. Archived from the original on 2021-07-22. Retrieved 2021-05-08.
  5. ^ "國安處拘五人涉「顛覆國家政權」最細15歲 組織「光城者」：有成員被捕". 立場新聞 (in Chinese (Hong Kong)). 2021-05-06. Archived from the original on 2021-07-23. Retrieved 2021-07-22.
  6. ^ Chau, Candice (2021-07-06). "Hong Kong 'revolutionary' group members arrested over alleged plot to wage citywide campaign of terror". Hong Kong Free Press. Retrieved 2023-01-07.
  7. ^ "【光城者案】三中學生被控串謀恐怖活動 被拒保釋 還押至 9.1 再訊". 立場新聞 (in Chinese (Hong Kong)). 2021-07-07. Archived from the original on 2021-09-27. Retrieved 2021-07-22.
  8. ^ "【光城者案】三中學生落案即日西九法院提堂 被指「金主」浸大職員等六人獲准保釋". 立場新聞 (in Chinese (Hong Kong)). 2021-07-07. Archived from the original on 2021-09-27. Retrieved 2021-07-22.
  9. ^ Kwan, Rhoda (2021-07-12). "Security law: Hong Kong police arrest 5 more including teenager over 'terrorist plan'". Hong Kong Free Press. Retrieved 2022-12-14.
  10. ^ "Three bombing case defendants to be remanded until trial in September". The Standard. 2021-07-14. Retrieved 2023-02-06.
  11. ^ "【光城者案】再多一女生被控串謀恐怖活動 保釋被拒 7 被告還押至 12 月再訊". 立場新聞 (in Chinese (Hong Kong)). 2021-09-01. Archived from the original on 2021-10-04. Retrieved 2021-09-02.
  12. ^ "Seven charged under national security law". RTHK. 2021-09-29. Retrieved 2022-12-16.
  13. ^ a b "Hong Kong: five teenagers sentenced in first security case involving minors". The Guardian. Reuters. 2022-10-08. Retrieved 2022-10-09.
  14. ^ Leung, Hillary (2022-10-26). "Hong Kong police arrest man under security law, 6 others on conspiracy to commit arson, money laundering charges". Hong Kong Free Press HKFP. Retrieved 2023-02-11.
  15. ^ 頭條日報. "光城者案｜16歲男生准保釋須守嚴苛條件 官：你的保釋令好多人無咗自由". 頭條日報 Headline Daily (in Chinese). Retrieved 2023-02-10.
  16. ^ "光城者涉串謀恐怖活動案 男司機高院申保釋獲批 控方不反對 官指取態合理 - 法庭線 The Witness". 2022-10-28. Retrieved 2023-02-10.
  17. ^ a b "First minors sentenced under Hong Kong security law". RFI. 2022-10-08. Retrieved 2023-02-01.
  18. ^ Li, Almond (2022-08-22). "6 Hong Kong activists, including minors, plead guilty to national security charge". Hong Kong Free Press. Retrieved 2022-10-27.
  19. ^ a b "First minors sentenced under Hong Kong security law". The Standard. Retrieved 2022-10-08.
  20. ^ "Alarm by sentencing under national security law". OHCHR. Retrieved 2023-02-10.
  21. ^ Lee, Peter (2023-02-09). "Two Hong Kong men jailed for 5 years under national security law for 'conspiracy to incite subversion'". Hong Kong Free Press. Retrieved 2023-02-09.
  22. ^ Chau, Candice (2022-12-16). "Hong Kong court rejects bail application of minor charged under national security law". Hong Kong Free Press. Retrieved 2022-12-16.
  23. ^ Chau, Candice (2023-04-20). "Security law: Hong Kong court denies bail to student, 23, accused of conspiring to commit terrorist activities". Hong Kong Free Press. Retrieved 2023-04-30.
  24. ^ "Mastermind of pro-independence group pleads guilty to terrorism under NSL". The Standard. Retrieved 2023-05-06.
  25. ^ "【光城者案】策劃炸法院 主腦青年認串謀恐怖活動罪 另5人認串謀導致爆炸". Inmedia. 2023-05-06.
  26. ^ Lee, James (2023-12-29). "3 Hong Kong students jailed up to 6 years for 'terrorism' over foiled 2021 bomb plot". Hong Kong Free Press. Retrieved 2023-12-29.
  27. ^ Ng, Kelly (2023-12-28). "Three Hong Kong activists jailed up to six years for 'terrorism' bomb plot". BBC News. Retrieved 2023-12-29.
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