In a significant ruling, a Hong Kong court has found Kwok Yin-sang, the father of a prominent activist, guilty of a national security violation after he attempted to cancel his daughter’s insurance policy and withdraw its funds. This case has drawn considerable international attention due to its implications for the treatment of relatives of pro-democracy advocates.
Case Background
Kwok Yin-sang, 68, is the first individual charged under the local national security law, also referred to as Article 23. He was accused of “attempting to deal with, directly or indirectly, any funds or other financial assets or economic resources” linked to a fugitive.
His daughter, Anna Kwok, is a leading member of the Washington-based Hong Kong Democracy Council and is among 34 activists wanted by the Hong Kong authorities. She faces accusations of colluding with foreign forces, with police offering a bounty of HK$1 million ($127,400) for her capture.
Kwok Yin-sang faced charges for attempting to withdraw HK$88,609 ($11,342) from an education savings insurance policy that he had taken out for Anna when she was almost two years old. He maintained a plea of not guilty and did not testify during the proceedings.
Acting principal magistrate Cheng Lim-chi asserted that, because Anna is considered a fugitive, any dealings with her insurance policy were unlawful.
A sentencing date has yet to be established.
During the arrest, Kwok reportedly stated: “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.”
Initially denied bail, Kwok Yin-sang was later granted bail by the high court under several conditions, including a travel ban and restrictions on communication with his daughter.
In his closing arguments, defense attorney Steven Kwan contended that sections 89 and 90 of Article 23 should not apply in situations where a person manages an insurance policy acquired long ago for their children.
“This … is a form of prosecution based on family ties,” Kwan stated.
Anna Kwok’s brother was also arrested on similar charges and is currently out on bail.
In 2020, China enacted a sweeping national security law, and in 2024, Hong Kong’s legislature passed additional related laws under Article 23 to address what the authorities deemed “loopholes” in the existing security framework.
Key Takeaways
- Kwok Yin-sang was found guilty of violating national security laws related to his daughter’s insurance policy.
- Anna Kwok is a leading pro-democracy activist and faces charges of colluding with foreign forces.
- The prosecution argues that handling funds linked to a fugitive is illegal under the new laws.
- Kwok’s defense claims the case is an abuse of power targeting family ties.
- The case illustrates the increasing scrutiny and legal repercussions faced by relatives of activists in Hong Kong.
FAQ
What are the charges against Kwok Yin-sang?
He was charged with attempting to withdraw funds from his daughter’s insurance policy, linked to her status as a fugitive.
How does this case impact other activists?
This case underscores the potential legal ramifications for family members of pro-democracy advocates in Hong Kong.
What has been the reaction to this ruling?
The ruling has garnered international criticism regarding its implications for human rights and family rights in Hong Kong.
In conclusion, the case of Kwok Yin-sang highlights the controversial application of national security laws in Hong Kong, raising concerns about the treatment of family members of activists. As this legal saga unfolds, its consequences for activists and their families remain to be seen.
